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EEOC Sues Kelley Drye for Age Bias over Compensation System
In late January, the Equal Employment Opportunity Commission (EEOC) sued Kelley Drye & Warren for its use of a compensation system that the agency claims discriminates against attorneys based on their age.
The Suit
The lawsuit, filed in the Southern District of New York, was brought on behalf of labor and employment partner Eugene T. D'Ablemont, 79, and a class of other “similarly situated employees.” The EEOC claims Kelley Drye discriminated against Mr. D'Ablemont and other partners by forcing them to give up their equity at age 70 and earn less than younger attorneys in the firm with similar collections and billings.
Mr. D'Ablemont, who remains at the firm, was forced to give up his equity interest after he turned 70, according to the EEOC. From then on, he earned “significantly less than that paid to younger attorneys in the firm with similar client collections, billings, and other measures of productivity,” the complaint says. In 2008, the bonus Kelley Drye paid to Mr. D'Ablemont was reduced to $25,000 from $75,000, the complaint says. The reduction came even though Mr. D'Ablemont's collections and other productivity measures remained similar to prior years, according to the suit.
Reduced Bonus for Retaliation?
The EEOC claims Mr. D'Ablemont's bonus was reduced in retaliation for his complaints about the compensation system and for filing a charge with the EEOC. The EEOC is seeking a permanent injunction preventing Kelley Drye from further age discrimination and an order that the firm implement and enforce policies providing equal employment opportunities for lawyers over age 40.
The agency is seeking back pay for Mr. D'Ablemont and other lawyers who were allegedly discriminated against, as well as compensation for Mr. D'Ablemont's pain and suffering. It also seeks punitive damages.
Nate Raymond is a reporter for the New York Law Journal, an ALM affiliate publication of this newsletter. He can be reached at [email protected].
In late January, the
The Suit
The lawsuit, filed in the Southern District of
Mr. D'Ablemont, who remains at the firm, was forced to give up his equity interest after he turned 70, according to the EEOC. From then on, he earned “significantly less than that paid to younger attorneys in the firm with similar client collections, billings, and other measures of productivity,” the complaint says. In 2008, the bonus
Reduced Bonus for Retaliation?
The EEOC claims Mr. D'Ablemont's bonus was reduced in retaliation for his complaints about the compensation system and for filing a charge with the EEOC. The EEOC is seeking a permanent injunction preventing
The agency is seeking back pay for Mr. D'Ablemont and other lawyers who were allegedly discriminated against, as well as compensation for Mr. D'Ablemont's pain and suffering. It also seeks punitive damages.
Nate Raymond is a reporter for the
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