Jones Day Women Seek to Block Early Win on Unequal Pay Claims

Jones Day has “jumped the gun” in seeking a quick win on claims that it systemically underpays its female associates based on an incomplete record and an argument that each of the firm’s offices must be analyzed separately, according to female attorney plaintiffs’ recent filing in federal court.

The law firm touts itself as “One Firm Worldwide” and has publicly stated that its 18 U.S. offices operate under the same value systems, according to a Aug. 21 filing at the U.S. District Court for the District of Columbia that opposes summary judgment on the plaintiffs’ Equal Pay Act claim.

Jones Day now shouldn’t be allowed to divide up the operations of its different “establishments” to rebut the use of certain male associates as comparators in support of allegations of unequal pay based on sex, according to the plaintiffs.

They hope to represent a collective action of female attorneys whose compensation was calculated in a “black box,” after which final decisions are made by managing partner Stephen J. Brogan.

Even if the firm’s separate-establishment argument has merit, it’s a fact-intensive inquiry that should be left to a jury, not a judge, they said.

Jones Day’s motion for summary judgment on the EPA collective action claim is also premature because the record isn’t yet fully fleshed out, the women said. Expert reports aren’t due until November, and the individuals who set the female attorneys’ pay haven’t yet been deposed, according to their brief.

Jones Day has “jumped the gun” in moving for summary judgment because “significant time remains in discovery,” they said in the Aug. 21 filing.

Firm disclosures so far have hinted at additional male comparators for plaintiff Meredith Williams, who worked at Jones Day’s Irvine, California office, they said. Evidence also suggests that plaintiff Saira Draper, who worked at the firm’s Atlanta office, was paid based on factors outside her billed hours which will further support their challenge to the firm’s “black box” compensation method, they said.

Judge Randolph D. Moss should deny Jones Day’s motion and allow discovery to progress on the EPA class claims, the women argued.

Sanford Heisler Sharp LLP represents the women. Jones Day represents itself.

The case is Tolton v. Jones Day, D.D.C., No. 19-cv-00945, brief filed 8/21/20.