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Suit alleging Jones Day's family-leave policy discriminates against men can go to trial, judge rules

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A federal judge has ruled that two former associates at Jones Day can go to trial on seven claims against the law firm, including allegations that its family-leave policy discriminates against male attorneys. (Photo from Shutterstock)

A federal judge has ruled that two former associates at Jones Day can go to trial on seven claims against the law firm, including allegations that its family-leave policy discriminates against male attorneys.

U.S. District Judge Randolph D. Moss of Washington, D.C., ruled in a brief Sept. 25 order. He temporarily sealed a decision with his reasoning to allow for proposed redactions to protect confidential business information and privacy interests of third parties.

Law360, Reuters, Law.com and Bloomberg Law have coverage.

The plaintiffs, Mark Savignac and his wife, Julia Sheketoff, had challenged Jones Day’s family-leave policy that grants 18 weeks of paid leave to new mothers who are primary caregivers but only 10 weeks to biological fathers in the same situation. The extra eight weeks for mothers are labeled disability leave, but the reality is that all biological mothers are given the extra paid time off, the lawsuit alleged.

The two lawyers say they complained about the Jones Day policies in a January 2019 email shortly after Sheketoff left the firm to become an appellate public defender. Savignac was fired three business days later.

Moss had allowed the August 2019 suit to proceed to discovery in September 2020. The former associates filed a third amended complaint in September 2022.

In his Sept. 25 order, Moss allowed claims of sex discrimination in violation of Title VII of the Civil Rights Act, the Equal Pay Act and the D.C. Human Rights Act. He also allowed claims of retaliation in violation of Title VII, the Fair Labor Standards Act as amended by the Equal Pay Act and the D.C. Human Rights Act.

He tossed claims, however, of sex discrimination based on Sheketoff’s performance review and pay and the firm’s “black box” compensation system. He also tossed claims that Jones Day interfered with Savignac’s protected right to family leave by firing him while on leave.

Savignac and Sheketoff are former law clerks for then-U.S. Supreme Court Justice Stephen Breyer.

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