Former Thompson Hine partner won’t have to arbitrate surviving sex bias claims, federal judge rules
A federal judge in New York City has refused to dismiss several claims against Thompson Hine in a lawsuit brought by a fired income partner. (Image from Shutterstock)
A federal judge in New York City has refused to dismiss several claims against Thompson Hine in a lawsuit brought by a fired income partner, who alleged that the law firm’s New York office was run “like a toxic boys club locker room.”
In a March 31 opinion, U.S. District Judge Andrew L. Carter Jr. on the Southern District of New York allowed lawyer Rebecca Brazzano’s claims for a hostile work environment, sexual harassment, sex discrimination, retaliation, and aiding and abetting violations of anti-discrimination laws. Some of the claims were brought under New York state law and New York City law, and some were brought under Title VII of the Civil Rights Act.
The tossed claims included defamation, abuse of process, retaliation based on a response to the Equal Employment Opportunity Commission, and negligent infliction of emotional distress. As a result of the dismissals, Ohio partner Thomas Feher, accused of involvement in the EEOC response, is no longer a defendant.
Law360 and Law.com covered the decision.
Carter said the firm could not compel arbitration because the firm’s arbitration clause was invalidated under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The law applied because Brazzano was fired in April 2022, a month after the law took effect.
The suit had alleged that partner Richard De Palma perpetuated an “old boys’ network” and “horded” incoming work or sent it to male equity partners. He was the New York litigation vice chair at the time of the alleged events; he is now the chair of international arbitration, according to Law.com.
A Thompson Hine spokesperson commented in an email to Law.com.
“We are gratified that the court has agreed with us and taken the first step of dismissing many of Ms. Brazzano’s claims on their face,” the statement said. “We will continue the process of demonstrating, through evidence, that there is no basis for the remainder of Ms. Brazzano’s outlandish allegations, in whichever forum the courts ultimately determine is appropriate.”
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