Providing Personal Employee Information to Above the Law Website Means Ropes & Gray LLP Must Try Retaliation Claims

An employment discrimination and retaliation case brought by a former associate at Ropes & Gray LLP will go to trial in November 2013, following a ruling on competing summary judgment motions, rules Judge Richard G. Stearns of the U.S. District Court (Massachusetts) in an Order released on August 16, 2013.

Plaintiff John H. Ray III alleges that Ropes & Gray LLP denied him promotion to partnership because of his African-American heritage.  Most of these claims were dismissed following the firm’s summary judgment motion.  Ray also argued the firm retaliated against him when he complained of discrimination.  Those claims survived summary judgment.

The alleged retaliation included, among other things, the firm’s withholding of recommendation letters, which a jury could conclude was in retaliation for an EEOC filing by Ray.  A further retaliation charge concerns the firm’s providing the EEOC’s initial “no cause” determination letter to the profession-oriented website, Above the Law.  The letter included details about Ray’s performance reviews and an internal investigation into alleged criminal conduct by Ray.  The firm argued the determination letter was not confidential, and providing it to the website was to correct Ray’s one-sided presentation of the facts. 

The Court ruled, however, Title VII prohibits an employer from responding to protected activity (like an EEOC filing) by taking an action that would dissuade a reasonable worker from pursuing a charge of discrimination, and that the threat of dissemination of derogatory private information, even if true, would likely deter any reasonable employee from pursuing a discrimination complaint against an employer.  The Court also noted that, by knowingly releasing damaging information about Ray, the firm arguably violated its own policy against dissemination information contained in employee personnel records.  

For more information on professional liability matters, contact Attorney Bill Saturley at 603.410.1500 or a member of PretiFlaherty's Professional Liability Group.