The Massachusetts Commission Against Discrimination recently dismissed a sexual harassment and retaliation complaint by a former associate against Bingham McCutchen over the firm's handling of the associate's allegations that she was drugged at a firm holiday party in December 2007.
The former associate, Michelle Moor, filed the MCAD complaint on May 6, 2008, about the firm's response to a drugging incident at a firm holiday party on Dec. 17, 2007. Moor also contended that the firm responded too slowly to an employee's boasts during an off-site January dinner that he liked having sex with women after giving them the so-called date rape drug Rohypnol, also known as "roofies.".
Moor alleged that the firm's offer to move her to a different floor because she worked near the employee who made the remarks at the January dinner would have negatively impacted her career opportunities by moving her away from other litigators.
Moor left Bingham in February 2008 to take a position at a smaller Boston firm where she previously interned: Kotin, Crabtree & Strong.
Following Moor's allegations, Bingham also hired an expert to develop a personal-safety training program for employees.
The 7-page MCAD report issued on April 9 said that Moor failed to show that the drugging was sexual in nature. The agency also said that Moor did not prove she suffered an adverse employment action at Bingham because the firm investigated and terminated the employment of the employee who made the sexual remarks at the January dinner within four weeks of Moor's complaint. "Investigation reveals insufficient evidence to show Complainant's working conditions were so intolerable that she would have felt compelled to resign," stated the report.
Bingham spokeswoman Claire M. Papanastasiou said the firm is "pleased with the MCAD's finding and hope this ruling will bring an end to this matter." Moor's attorney, Rachel Stroup of Zalkind, Rodriguez, Lunt & Duncan in Boston, said she and her client "completely disagree with the MCAD's decision, which is deeply flawed, both legally and factually," and that they plan to pursue a court case.
"We have the utmost confidence that, when all is said and done, Bingham McCutchen will be found liable for discrimination and retaliation, and justice will be done for Ms. Moor," Stroup said.
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Mass. Agency Dismisses Sexual Harassment Complaint Against Bingham McCutchen
The National Law Journal
April 15, 2009
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