Law Firms
Sexual harassment suit against Polsinelli continues, without arbitration, after judge’s ruling
A federal judge in Washington, D.C., has refused to toss claims or to compel arbitration in a $20 million lawsuit alleging that Polsinelli retaliated against an international corporate attorney after she reported sexual harassment by two influential partners. (Photo from Shutterstock)
A federal judge in Washington, D.C., has refused to toss claims or to compel arbitration in a $20 million lawsuit alleging that Polsinelli retaliated against an international corporate attorney after she reported sexual harassment by two influential partners.
U.S. District Judge Amir H. Ali of the District of Columbia ruled for the plaintiff, Julia I. Rix, in a Sept. 18 opinion.
Law360 and Law.com are among the publications with coverage.
Ali said Rix doesn’t have to arbitrate her sex harassment claims because of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, which bans enforcement of agreements to arbitrate future claims involving sexual assault and harassment. He also said Rix plausibly alleged sexual harassment under the D.C. Human Rights Act and infliction of emotional distress under D.C. common law.
Rix’s suit had identified the harassing partners as Dov Scherzer and Gabriel Dabiri. They are no longer with Polsinelli, according to Law.com.
Rix had alleged in her suit that she was “repeatedly hounded” by the two partners who wanted her to join them for after-hours drinks and hotel meetings. She was also forced “to endure salacious comments about her appearance” and subjected to an unwanted kiss in “one sordid episode” involving Scherzer, the suit alleged.
Rix said she was fired two days after reporting misconduct. The law firm said Rix was fired for “lackluster performance.”
Scherzer had sought to dismiss the sexual harassment claim under the D.C. human rights law. Scherzer’s motion to dismiss said most of the incidents alleged by Rix “were not even in person,” and “none were profane or threatening,” Law.com reports.
“The allegations against Mr. Scherzer are the epitome of ‘episodic’ and are nowhere near ‘sufficiently continuous and concerted,’” the motion said.
But Ali said Rix had plausibly stated a sexual harassment claim against Scherzer under the D.C. human rights law.
“Rix alleges that Scherzer made repeated sexual advances over the course of more than a year at firm-related and other professional events, that he held informal power at the firm relative to her, and that his conduct created a work environment that was intimidating, hostile or offensive. Such allegations are sufficient,” Ali said.
Rix is represented by Brewer, Attorneys & Counselors. In a statement emailed to the ABA Journal, firm partner William A. Brewer III said the decision on arbitration “affirms that victims of sexual harassment are entitled to the public scrutiny that comes with the judicial system. Julia has shown courage in standing up to Polsinelli. Her decision to do so is now translating into protection for her and others.”
Polsinelli previously said it takes allegations of harassment and discrimination very seriously, and it has reporting procedures in place for such claims. Scherzer said in his motion to dismiss he “vehemently denies” harassment or unlawful conduct. Dabiri said in a dismissal motion he “strongly denies” inappropriate conduct, sexual harassment or retaliation.
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