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Law360 (March 21, 2024, 7:35 PM EDT) — A former partner at New York litigation firm Moses & Singer LLP said she witnessed women at the firm go from being considered “superstars” to “mommy brained” after returning from maternity leave, according to a declaration attached to an amended pregnancy discrimination complaint in federal court.
Megan Daneshrad’s amended class action complaint filed Wednesday is supplemented with a sworn declaration from Lori Douglass, a former partner in Moses & Singer’s trusts and estates department, to back up Daneshrad’s allegations. Daneshrad had first sued in December, alleging the firm wrongfully fired her after she requested workplace accommodations for her pregnancy, records show.
Douglass’ declaration urges the court to certify an Equal Pay Act collective and state law class of associates at Moses & Singer who were discriminated against based on their sex, pregnancy or race. She said many female associates confided in her after experiencing “blatant” sex- and race-based discrimination, and that they were all paid less than their male counterparts.
“I observed a pattern of discrimination against women associates, especially once they returned from having children,” Douglass said in the declaration. “The women who were ‘superstars’ prior to taking maternity leave returned and were then seemingly too tired or scatterbrained to perform.”
Douglass cited an instance when a white female associate’s reputation changed from that of a stellar corporate associate to a “mommy brained” worker with declining performance reviews after she returned from maternity leave. That associate eventually left the firm, according to the declaration.
“Mommy brain” refers to memory loss and brain fog that many pregnant and postpartum women experience.
Another white female associate was seen as a “superstar” at Moses & Singer until she returned from maternity leave, after which point she was no longer considered stellar, Douglass said.
“This was the pattern I observed at Moses Singer for women and especially working mothers,” Douglass’ declaration says.
Douglass also alleged that a male partner’s romantic relationship with a junior female lawyer at the firm who was later promoted to partner affected the other female workers there. It proved to them that the firm made employment decisions for female workers based on their gender rather than their work, according to her declaration.
Douglass also witnessed “egregious” race discrimination while at the firm, which she said exacerbated the hostile work environment female employees experienced there. For example, a female banking associate of color left Moses & Singer after she returned from maternity leave due to the marginalization and discrimination she faced, Douglass said.
“Moses Singer would always condescendingly message these departures as ‘lifestyle’ choices by the female attorneys,” she added.
Douglass said she tried to improve the firm’s diversity, but that management shot down her efforts.
A member of the firm’s diversity committee, Douglass found as part of an internal study that women were the most discriminated against group of attorneys at Moses & Singer. Out of the firm’s 52 partners, 42 are male and 10 are female, and there is only one female of counsel as opposed to 13 male of counsel, according to the declaration. Women only outnumbered men at the associate level, Douglass said.
After Douglass reported her “troubling findings” to the committee, she said nothing happened.
Douglass also attempted to report racist and sexist comments directed at female associates, but she said higher-ups at the firm similarly swept the incidents under the rug.
Shane Seppinni of Seppinni Law, who is representing the female attorneys, told Law360 on Thursday that Douglass’ declaration is powerful and speaks for itself.
“We look forward to holding Moses & Singer accountable at trial,” Seppinni said.
A spokesperson for Moses & Singer denied Douglass’ claims.
“We fundamentally disagree with the characterizations and deny the allegations In the filing, including the statements made by Lori Anne Douglass, and we welcome the opportunity to refute them as the legal process moves forward,” the spokesperson told Law360.
Daneshrad is represented by Shane Seppinni of Seppinni Law.
The Moses & Singer defendants are represented by Lisa M. Griffith and Vernee C. Pelage of Littler Mendelson PC.
The case is Daneshrad v. Moses & Singer LLP et al., case number 1:23-cv-11056, in the U.S. District Court for the Southern District of New York.
–Additional reporting by Rachel Rippetoe. Editing by Bruce Goldman.
