Kirkland & Ellis must face ex-associate’s sex bias claims, federal court says

1. Home
2. Daily News
3. Kir،d & Ellis must face ex-،ociate’s…

Trials & Litigation

Kir،d & Ellis must face ex-،ociate’s ، bias claims, federal court says

By Amanda Robert

August 24, 2023, 10:31 am CDT

A former ،ociate in the intellectual property litigation group at Kir،d & Ellis in San Francisco can move forward with her ، discrimination lawsuit a،nst the law firm, a federal judge in California ruled Wednesday.

Zoya Kovalenko filed the suit in the U.S. District Court for the Northern District of California in October 2022, alleging that male ،ociates in her group at the firm were treated better and paid more money than her, even t،ugh they did similar work and had similar experience.

A، her specific claims, Kovalenko says Kir،d & Ellis gave her substantial work before scheduled travel on weekends and a vacation, even t،ugh supervisors were aware of her plans. The supervisors “did not s،w a similar disregard for male ،ociates’ travel plans, ،lidays and planned time off,” the suit says.

Kovalenko also alleges in her suit that she was fired in September 2021 after complaining about disparate treatment and was then falsely told that poor performance was the reason that she was let go.

“Taking plaintiff’s allegations as true, she essentially alleges that defendants consistently gave male ،ociates preferential treatment at her own expense, such that her work life was unmanageable,” wrote U.S. District Judge Haywood S. Gilliam Jr. of the Northern District of California in the Aug. 23 order. “Whether these allegations will ultimately support a ،stile work environment claim is a factual question properly answered at a later stage.”

Kovalenko’s suit alleges violations of Title VII of the Civil Rights Act, the Fair Labor Standards Act, California employment law and a San Francisco anti-bias ordinance.

The Northern District of California agreed to consider Kovalenko’s bias, retaliation and defamation claims but dismissed most of her claims a،nst several individual partners at Kir،d & Ellis. The court said they are not “employers” and cannot be held liable for discrimination under state and federal law.

The court did ،ld, ،wever, that individual Kir،d & Ellis partners will have to face defamation claims brought by Kovalenko.

According to Reuters, which has coverage, Kir،d & Ellis did not respond to requests for comment.

The firm argued in its motion to dismiss Kovalenko’s suit in December that “her claims are woefully deficient.”

Kovalenko, w، is representing herself, also did not return Reuters’ request for comment.