Dallas Law Firm Sued for Discrimination
Two former employees of Dallas law firm Simon, Eddins & Greenstone have filed suit against the firm alleging sex based discriminatioon. The women filed in federal court according to an April 11 report in Texas Lawyer.
In Franklin v. Simon, Eddins & Greenstone, Katherine Franklin alleges an associate lawyer, Ben Braly, sent her a link via email in November, 2009. The link allegedly included a picture of partner Greenstone's penis. Ms. Franklin contacted the EEOC. She provided info to the EEOC in preparation for filing a charge. She reported the pornography to Partner Simon, she alleges.
She met with a lawyer outside the firm who said he was related to Simon and could not represent her. The firm then fired her the next day in December, 2009.
The firm claims Ms. Franklin was fired after she received a poor review. Franklin says she had received good reviews before that and had received a $500 bonus. Ms. Franklin says Mr. Greenstone showed her the email and told her she did not have to open it - apparently suggesting it was her choice to click on the link.
In an interview, Mr. Greenstone says in November, 2009, he changed the screen saver on the associate's phone to something "inappropriate." Ben Braly, the associate lawyer, then tried to respond by sending a mock Human Resources complaint about Greenstone to another lawyer. But, Mr. Braly inadvertently sent the prank email to Franklin. The prank email contained a link to a video of two men. Mr. Greenstone says Mr. Braly apologized immediately to Franklin. He says no one saw the inappropriate image other than Mr. Braly.
Mr. Greenstone emphasizes that he never intended to offend anyone. There are things they do in the office for fun. And, they want everyone to be treated with respect, he added.
The firm denies the picture of the penis was Mr. Greenstone's. The Plaintiffs' lawyer says he does not know if is or is not, because he has never seen Mr. Greenstone's penis. In a Title VII analysis, I think it matters little to whom the penis belonged....
The firm may have some good facts with which to minimize the sex harassment portion of the case. But, retaliation is always the stronger claim. The retaliation claim plus the "frat boy" atmosphere puts the law firm in a bad position.
