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Bias Suit Claims Cozen Promotes ‘Compliant’ Women

Posted Sep 21, 2007 5:14 AM CST
By Debra Cassens Weiss

A former junior female partner at Cozen O'Connor has filed a sex discrimination suit against the firm that claims three partners there "prefer and promote women who fit traditional female stereotypes.”

Patricia Biswanger alleges Cozen fired her for using firm resources for political activities at the same time it permitted political involvement male attorneys, the Legal Intelligencer reports.

The suit claims lawyer Kevin Berry, who chaired the firm's commercial litigation department, conducted “a campaign of harassment" against her in 2004 and 2005 "at the direction of Patrick J. O'Connor, then chief executive officer of the firm, and perhaps Stephen Cozen."

According to the suit, filed in Philadelphia federal court, the three lawyers "perceived politically active women as aggressive, overbearing and unattractive, and therefore a detriment to the firm." It claims they "prefer and promote women who fit traditional female stereotypes of being attractive, compliant and mild-mannered, a standard that is not applied to male attorneys."

Lawyer Abraham Reich of Fox Rothschild told the Intelligencer that the firm followed “a fair and objective process” in dealing with Biswanger, and it always treated women fairly.

Comments

1.

NLD
Sep 28, 2007 8:08 AM CST

I make no comment as to the merit or lack thereof regarding this discrimination claim. I can, however, confirm that gender and other forms of discriminiation, based on my experience, remain pervasive in the legal profession. Sure, legal professional groups attempt to address the issue through diversity seminars, diversity articles in magazines. Still, the change must begin from the bottom up. It is 2007, and yet women still confront obnoxious sexual comments and sexual harassment in law firms—law firms who gladly accept paying clients who come through their doors to file discrimination complainst against employers. Until those in the practitioner trenches “get it”, women and minorities should leave and form their own law firms.

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2.

Dan Olincy
Sep 28, 2007 9:48 AM CST

In your old format of the on-line Journal, I would always look at, ajd usually read all of the responses to “This Week’s Question.”  It’s too difficult to do with your new format.  How about reprinting the prior question, followed by the responses to it, all in one place?  Or am I not searching properly?

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3.

Damian
Sep 28, 2007 9:51 AM CST

Try to make it through your local bar journal or the ABA Journal without seeing several mentions of “diversity.”  Lack of diversity and perceived bias is perpetuated by victimhood associations and others whose importance and financial status—and in some cases, their very existence—depends upon these “problems” being viewed as existing, and significant, in our society.  The media jumps on these stories because any racism or other bias, whether actual or not, is a “major story” in our foolish culture.  This nonsense will only go away if we refuse to act as if “diversity” is the only significant issue facing the legal profession.  Will that happen?  I doubt it.  Look forward to reading about the lack of diversity and the “overwhelming” bias present in law firms today, and toward the profession’s failure to address other significant issues facing it.

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4.

Lynda who ran for political office
Sep 28, 2007 12:31 PM CST

Yes,we need diversity. There has been discrimination for years. And yes, seemingly compliant women can be viewed by some men as more attractive than aggressive women. But we all know there are 2 sides to every story and the truth falls somewhere in the middle.Law firm would be smart to settle.The women would be smart to accept.We all take ourselves too seriously in this profession.Come on. Lighten up and take a real vacation.You’ll feel better in the morning.

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5.

Mary J. Perry
Sep 28, 2007 2:06 PM CST

As a female attorney (Harvard Law School graduate) with nearly 20 years experience, I can definitely attest to the fact that gender discrimination is still one of the most pervasive problems facing the legal profession.  I worked at several firms, and experienced both direct and indirect gender discrimination at all of these firms.  Women attorneys at firms are routinely relegated to assignments with less prospects for advancement than males.  Women attorneys are routinely denied the mentoring and client development opportunities presented male attorneys.  At one firm where I worked, the women associates had a name for the type of work they received:  “FA work”  ie “female attorney work”.  When it comes time for partnership decisions, women attorneys are judged by different standards than male attorneys.  Many firms now advertise their “diversity” by claiming a higher percentage of women partners.  However, if you look into the partnership ranks in any detail, often these firms have promoted women attorneys to “non-equity” partner status (ie. continue to make profit for the firm in return for only a pittance of what male equity partners make).  If I sound bitter, perhaps I am.  Perhaps more women attorneys should be “bitter” about the situation.  It will not change until it becomes too unprofitable for a firm to continue to operate on a nineteenth century level.  Join firms that actually practice equality (if you can find any)  or better yet, form your own firm.  I did.

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6.

nld take2
Sep 28, 2007 7:33 PM CST

It is so quaint that the status quo nearly always resorts to dismissing bias as a myth. Here, we have the more creative term “victimhood associations” . Every time I read or hear this type of retort, it reminds me of those who claim that the Holocaust never happend. I do agree that the word “diversity” is overly used by the ABA and other legal entities. Window dressing and tossing around a word are easy-on lip gloss for addressing REAL issues. If you are a white male, this is not an issue for you as you have and contine to live and experience life through a white male perspective. How quickly you grasped the concept of discrimination when women and minorities dared to tread into your kingdom. “Reverse discrimination” I believe was the battle cry of the day. Whether law firms realize it or not, many would-be clients now scrutinized law firm ads. And when they see nothing but white and male, and they are neither, they take their legal issues elsewhere. Caveat: These ever more sophisticated potential clients are not fooled by the one or two token African American and or female associates featured in your yellow pages law firm “group photo.”  Congrats to the woman who endured 20 years of this disgusting crap and finally created her own law firm!  That is the best answer. Leave! Get out!  Let the bias-entrenched firms suffer their own demise. Let them to FA work. Get out and get out now!

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7.

NLD
Sep 28, 2007 7:47 PM CST

All self-respecting “compliant” women should recall and internalize the famous line from the movie “Network”:  I am mad as hell and I’m not going to take this anymore!

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8.

R
Oct 1, 2007 12:11 PM CST

The only thing the focus on “diversity” has done is encourage firms to hire more female associates.  They use those 1st - 3rd year associates to make it look like they are trying to be diverse.  But none of those women ever seem to make partner.  Why doesn’t the ABA do anything about it? 

It wouldn’t even be as offensive if they wouldn’t pretend to be diverse.  But I hate reading about diversity and then seeing a firm with 1 or 2 women or minority partners and 150 white males.

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