Howrey Slapped With $30M Racial Discrimination Suit

A former associate filed suit against Howrey this morning, alleging that the law firm routinely subjected her to discriminatory treatment based on her race.

Kamisha Menns, a black woman born in Jamaica, says in the complaint, filed in D.C. Superior Court today, that Howrey violated the D.C. Human Rights Act by retaliating against her, creating a hostile work environment, and inflicting emotional distress, both intentionally and negligently. Menns has asked for $30 million.

The complaint says Menns, who focuses her practice on antitrust and competition law, started in Howrey’s Brussels office on Jan. 19, 2009, after being heavily recruited to join the firm from Freshfields Bruckhaus Deringer’s Washington office. To cover the cost of moving, Menns was paid a signing bonus of €10,000, according to the complaint.

At some point after moving to Brussels, Menns says in her complaint, she began being removed from projects despite receiving compliments on her work from several partners. She says her workplace was shifted to a different floor from that of other lawyers. When she reached out to the office’s managing partner, Trevor Soames, the complaint alleges, Menns was told “that because she was an ‘impressive woman’ Ms. Menns made Howrey’s white employees feel uncomfortable.” The complaint alleges that Soames also told her that because she was the first black associate to work in the office, the office staff’s treatment of her might be influenced by the fact that “they had never before been forced to be in a ‘subordinate position’ to a black person.”

The complaint goes on to allege that the situation only got worse when she reached out to firm leaders, including the Washington-based diversity committee and CEO Robert Ruyak. In a June 2, 2009, meeting, a day after Menns sent an e-mail to Ruyak and eight members of the diversity committee outlining the allegedly discriminatory treatment, Menns was fired. Since then, she has been unable to find work, the complaint says, which she claims is because the firm accused her of taking confidential documents from both Howrey and Freshfields. She also claims that she suffered emotional distress.

Menns’ lawyer, David Sanford of the employment litigation boutique Sanford, Wittels & Heisler, said, “This case is about Howrey creating an environment of segregation in the workplace and making Ms. Menns the focus of discriminatory behavior.” Sanford added that his client makes for a “very credible witness,” given her educational background. She holds an LL.M. from the University of the West Indies and an LL.M. from New York University. Sanford says he plans to take the matter to trial.

In a statement, Howrey said, “Personnel issues are always confidential and we will have no comment on this particular matter. As a matter of record, it should be noted that Howrey has been a leader among law firms in the area of diversity. For the last several years, Howrey has been recognized as such by among others, the Minority Law Journal’s 2009 ‘Diversity Scorecard,’ an annual survey which ranked Howrey 13th nationally among the top 200 grossing law firms in the US and was the recipient of Managing Intellectual Property’s Annual Award for Diversity.”

According to the 2009 Legal Times 150 survey, Howrey's Washington partnership is 11.61% minority.

Comments

[ALawyer]

Reading these comments, most readers seem to have lost their critical faculties and believe all that they read. We surely have all learned as lawyers that not all we read is true. And we should not believe what we read without evidence. Law school 101, surely. Who knows what actually happened, and I am not going to make a judgement based on just 1 side of a story.

[Keith Sweat]

Who is surprised by this?

[Guy and Konstantin]

It is quite obvious that they thought she'll be scared to file in this economic climate. To fire ONE DAY after complaint? Were they trying to set the new record or what?

[not a white person]

Wooooh, I totally agree with a former comment regarding ethics being the same in Europe as with the US based firm. It is very disheartening to know that there is still ignorance to the 10th degree in this world. Treated unfairly because of any race or age. If you are qualified, you are qualified regardless. In some cases, unfortunately, there has to be a balance of the basic components making up the human race, otherwise, an organization will be considered racist. There may have to be hirings of Black, Asian, Hispanic, White and a combination of all. Firms must be fair in their hirings. That's my take on the matters.

[Ven]

Guess they chose the wrong woman to mess with. Didn't they hear about Jamaican's we do not take things lying down. We fight for what we believe is right. God has a way of bringing to light what is in the dark.

I really believe that the point is not the compensation but the principle.

[Not A. Whiteguy]

Justa Whiteguy, are we to presume that no whites were hired or only you? I have a feeling you were not offered a position because of your apparent insecurity and you likely presented in the interview the way you present here.

[Alice Thornton]

While many US organizations have made diversity and inclusiveness priorities in the US, it often doesn't translate overseas (especially in Europe); is there a way to enforce D&I and other US values in other countries, even though they're offshore? Are foreign offices of US companies under obligation to follow US laws/expectations? This should be looked into. If foreign offices aren't willing to honor the values of the head offices, maybe they shouldn't be in operation.

[Greg]

Justa Whiteguy:

Oh, dear. You know you were passed over by two law firms for "less qualified" candidates? Then you must have sued and won judgments against said firms for their discriminatory conduct, correct?

It's a shame that after a lifetime of not being harassed by the police for no reason , not be followed around department stores, not being told that the only reason you were admitted to a college or graduate program was because of your skin tone alone, or the numerous other unspoken entitlements of being a white guy in this country that you had to experience a little bit discrimination. Here's a tissue.

To paraphrase Chris Rock: If you are so worried that you are losing, who do you think is winning? Those "minorities" who have nearly a double unemployment rate as non-minorities? Those same minorities who are more than twice as likely to be foreclosed upon than non-minorities? Minorities who are FOUR times more likely to get the death penalty for the same crime as a non-minority? Right. Clearly white guys have it really tough in this country.

[Charles Williamson]

Poor management planning. Didn't Howrey realize that its Brussels office was populated by pinheads? We might be all equal but we're not all homogenized, whether we like it or not.

[Anonymous]

It is really pathetic and sad what they put her through -- only because she is a black, successful and educated young woman. Shame on them! I hope they pay severely and most importantly, learn from this so other black lawyers that work at Howry do not have to suffer the same injustices!

[Justa Whiteguy]

Yes, we are all equal. Please tell that to the two law firms that passed me over in favor of "minority" (i.e., black) candidates who were less qualified for summer associate positions. You want to talk about "routine discrimination?" Fine. You'll find it under the heading "affirmative action."

[Em]

I am Brussels based and this story rings true on many, many levels. Good luck Ms Menns!

[John S]

How unnerving that people are still being discriminated against in 2010. This woman is obviously a highly accomplished lawyer. Good for her for standing up for her rights. Hopefully her ignorant ex-colleagues will open their eyes and their mind and see that we are all equal.