A federal judge ruled on Wednesday that the law firm Jones Day must face a lawsuit alleging that its parental leave policy discriminates against fathers. U.S. District Judge Randolph Moss in Washington denied the firm’s motion to dismiss claims brought by Mark Savignac and Julia Sheketoff, a married couple and former associates at Jones Day, both of whom previously clerked for the U.S. Supreme Court.
Judge Moss allowed Savignac to proceed with claims that his firing was retaliatory after he complained about the firm’s leave policy. However, the judge dismissed the couple’s claims that Jones Day underpaid Sheketoff because of her gender. The judge’s detailed reasoning for his decision remains under seal.
The lawsuit challenges Jones Day’s family leave policy, which provides birth mothers an additional eight weeks of paid disability leave on top of 10 weeks of sex-neutral paid family leave. Savignac contends the policy is discriminatory because it does not offer similar benefits to fathers. Jones Day, defending its policy, claims the extra weeks for birth mothers are part of its short-term disability plan, which is separate from its family leave policy.
Sheketoff left Jones Day’s Washington, D.C., office in August 2018, and Savignac was fired five months later after he demanded 18 weeks of total leave, threatening legal action and public criticism if the firm did not comply. Savignac argues his termination was unjust and that he would have been on the path to making partner had he not been fired. The firm, however, claims his dismissal was due to “poor judgment and immaturity.”
Jones Day has maintained that the claims are “legally meritless” and that its policy complies with civil rights laws. Discrimination cases against law firms rarely go to trial, as most are settled or dismissed before reaching a jury. However, this case now appears to be headed toward trial.
The case is Savignac v. Jones Day, U.S. District Court for the District of Columbia, No. 19-cv-02443.
