Thursday, September 3, 2009

Woman's fight opens legal titans' secret files

I would be astounded if there was direct discrimination at McCarthys, or any major Canadian lawfirm.

But note the comment about "unable to meet deadlines".

Lawyers at the big firms often work 12 hour days 6 days a week for weeks at a time -- even in smaller firms lawyers often work very long hours (trust me, I know this from personal experience).

The internet and blackberrys have made the hours longer, not shorter.

It may well be that these hours have a differential gender impact; how, and if, such differential issues can be accomodated is a serious issue and not one that can be dealt with by easily.


McCarthy Tetrault's treatment of women under the spotlight
Kenneth Kidd Feature Writer

In the wake of a lawsuit alleging "systemic, gender-based discrimination," one of the country's biggest law firms is being forced next week to reveal top-secret data on the way it compensates and promotes lawyers.

McCarthy Tétrault LLP must also release an internal report on the status of women at the firm prepared by Catalyst Inc., well-known consultants on gender issues in the workplace.

It's believed to be the first time that a major Canadian law firm has been ordered to reveal such normally confidential information related to gender, one reason the case is attracting international attention in legal circles.

The Superior Court of Ontario has ordered McCarthys to provide that information as a result of a $12 million lawsuit filed by a former McCarthys partner, Diane LaCalamita.

McCarthys, which "vigorously denies" that LaCalamita was a victim of any workplace discrimination, has until Sept. 7 to comply.

...

Annual billing quotas common at law firms are seen as another obstacle to the progress of female lawyers who have families.

The LaCalamita narrative, according to her allegations, is all about a woman who is lured to a major firm with promises of a bright future, only to be pushed aside and eventually terminated by a firm "plagued by systemic gender-based discrimination."

...

In its statement of defence, McCarthys says LaCalamita "was unable to meet the standards expected of senior lawyers practising litigation with the Firm."

Among other things, McCarthys claims that LaCalamita "displayed poor judgement as a litigator," was "unable to meet deadlines" and didn't fulfill expectations for billable hours.

"As there was no reasonable prospect of finding an alternative role within the Firm that was acceptable to both her and the Firm, and for no other reason, her employment was terminated."

Full story: http://www.thestar.com/news/gta/article/690286

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