Straight white woman can't sue over BigLaw diversity fellowship because she didn't apply, motion says
A former law student has no standing to sue over King & Spalding’s summer associate diversity fellowship because she never applied for the position, the law firm has said. (Image from Shutterstock)
A former law student has no standing to sue over King & Spalding’s summer associate diversity fellowship because she never applied for the position, the law firm has said in a Sept. 19 motion to dismiss.
“Having never applied,” the motion says, plaintiff Sarah Spitalnick “was never excluded, and certainly not excluded in an intentionally discriminatory manner.”
Reuters has coverage.
The program was sponsored by the Leadership Council on Legal Diversity, a third-party organization.
Spitalnick had alleged in a May 9 lawsuit that she was deterred from applying for the fellowship in February 2021 because she is a white, heterosexual female. The job ad for the 1L program said candidates “must have an ethnically or culturally diverse background or be a member of the LGBT community.”
Spitalnick’s view “was and remains misguided,” says the motion, filed in federal court for the District of Maryland. “The sparse allegations in her complaint show that she took no steps to inquire further or educate herself about becoming a summer associate at K&S. More importantly, plaintiff never actually applied” for the diversity fellowship or for a general summer associate position.
Even if the court reaches the merits, Spitalnick’s suit would fail because her “conclusory allegations” do not plausibly allege discrimination under Title VII of the Civil Rights Act of 1964 or Section 1981 of the Civil Rights Act of 1966, the motion says. In addition, the Section 1981 claim was filed too late, the motion says.
The motion also targets Spitalnick’s requested relief. She can’t seek an injunction because she never alleged that the job ad will result in a future injury, the motion says. She can’t seek punitive damages because no allegations support such an award, and she can’t seek a public apology because it’s not available as a matter of law, according to the motion.
Spitalnick’s “failure to be selected is a self-inflicted wound,” King & Spalding alleges.
