EEOC sues Kelley, Drye & Warren for age discrimination and retaliation

Kelley Drye & Warren, an international law firm with its primaryoffice in New York City, violated federal age discrimination lawthrough its compensation system, the U.S. Equal Employment OpportunityCommission (EEOC) charged in a lawsuit it filed today.

According to the EEOC’s suit, in Kelley Drye’s system, attorneys whopracticed law after turning 70 years of age received dramaticallyreduced compensation compared to similarly productive younger attorneyssolely because of their age.  The EEOC further charged that Kelley Dryeunlawfully retaliated against Eugene T. D’Ablemont, an attorney who haspracticed law at the firm for over 40 years, by further reducing hiscompensation after he complained about this discriminatory policy andfiled a charge with the EEOC.

“Law firms that single out older attorneys for adverse treatment simplybecause of their age run great risk of violating the federalprohibition on age discrimination,” said EEOC Acting Chairman Stuart J.Ishimaru.  “This lawsuit should serve as a wake-up call for law firmsto examine their own practices to ensure they comport with federal law.”

The EEOC’s lawsuit, Civil Action No. 10- CV-0655, filed in U.S.District Court for the Southern District of New York, said that KelleyDrye requires all partners to give up their ownership interest in thefirm at the age of 70.  If an attorney continues to work, his or hercompensation consists of an annual “bonus” payment in an amount totallywithin the discretion of the firm’s executive committee.  SinceD’Ablemont turned 70 in 2001, even though he routinely has obtainedover $1 million in fees annually from his clients, his compensation hasbeen substantially less than younger lawyers at the firm with similarproductivity.  Moreover, in 2008 and 2009, after D’Ablemont hadcomplained internally about Kelley Drye’s age-based compensationsystem, ultimately resulting in his filing of an age discriminationcharge with the EEOC, the firm reduced his bonus payment by two-thirdseven though his productivity remained the same.

More:  http://www.eeoc.gov/eeoc/newsroom/release/1-28-10a.cfm