Lexology.com
Moses & Singer LLP
Devika Kewalramani, Arnold N. Bressler
and David Rabinowitz
USA February 16 2010
EEOC v. Kelley Drye & Warren, LLP
On January 28, 2010, the EEOC filed a complaint against Kelley Drye on behalf of a former firm partner and a class of other similarly situated employees. The complaint alleges that Kelley Drye has a partnership agreement requiring all lawyers who reach age 70 and wish to continue to practice law to relinquish any equity interest in the firm. These senior lawyers are allegedly thereafter compensated solely by an annual "bonus" that is wholly discretionary with the firm's executive committee. According to the complaint and the EEOC press release, the particular former partner in question has been paid significantly less than younger lawyers with similar client collections, billings and other measures of productivity, even though he routinely collected over $1 million annually in client fees. This, the EEOC alleges, is an unlawful employment practice in violation of the Age Discrimination in Employment Act (ADEA).
There is also a retaliation claim in the case. The complaint alleges that after the former partner filed a charge with the EEOC, the firm retaliated by reducing his annual "bonus" from $75,000 to $25,000, even though his collections and other measures of productivity had not declined from previous years.
The EEOC complaint seeks an injunction and the institution of policies and programs to eradicate the effects of the firm’s current policy. The complaint also seeks back pay, liquidated damages and prejudgment interest, and compensation for non-pecuniary losses including pain, suffering and humiliation resulting from the firm's retaliatory conduct, as well as punitive damages.
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