(Photo: Diego M. Radzinschi/ALM)

Like other law firms accused of bias in recent years, Morrison & Foerster has so far declined to comment on a gender discrimination suit filed against it this week, other than to strongly deny the allegations.

But even if it still won't address specific allegations in the April 30 lawsuit, which claims the firm holds back pregnant women and mothers when it comes to compensation and promotions, MoFo chairman Larren Nashelsky said he needs to stand up publicly for the firm.

“It's just not who we are, it's not what we value and it's, in fact, not how we operate,” Nashelsky said. “We are a diverse firm increasingly led by women lawyers that has been at the forefront of diversity of all kinds for decades now.”

Nashelsky recounted the firm's gender statistics and its programs to promote working parents of both genders. He noted that for the past several years, 50 percent of its partner promotions were women, with women comprising 60 percent of the most recent partner class. And three of those women this most recent promotion cycle were elevated while working reduced schedules, he said.

A majority of partners, men and women, took leave during or in the year they became partner, he said. Nashelsky said 130 lawyers are on a reduced schedule at the firm, with 5 percent of firm lawyers using that reduced leave for parenting reasons.

When it comes to governance, 40 percent of MoFo's board are women, 25 percent of the executive committee are women and 33 percent of the compensation committee (named the “points committee” at the firm) are women. Of the U.S. partners, 25 percent are women.

“Those are market-leading numbers,” Nashelsky said.

Nashelsky also highlighted the firm's 20-week maternity leave policy, which he said also includes an additional five weeks of unpaid leave. The firm also gives a 50 percent reduction in hours requirements for the four weeks leading up to leave and the four weeks upon a person's return. The firm pays for child care for lawyers on trial and will pay to have breast milk shipped home for lawyers who are traveling. There are four certified coaches on staff to help lawyers returning from leave.

“That's a flavor for all of the things we do, and although it's always unfortunate when someone brings an action against you,” Nashelsky said, “it's why we are somewhere between disappointed and angry that the reputation of the firm [is being portrayed] as being anything other than a leader in the area of diversity and promotion and support of women lawyers and expecting mothers and fathers.”

David Sanford of Sanford Heisler Sharp, who filed the lawsuit against MoFo on behalf of three female associates, said he respects MoFo's commitment to progressive causes, its extensive pro bono activities and the quality of its work. But since filing the complaint, Sanford said, his firm has received calls from around the country from women who work or used to work at MoFo, saying they had similar experiences to those alleged by the plaintiffs.

“So in light of the outpouring of support we have received … we are convinced … and are convinced now more than before we filed, that the allegations are serious and will be substantiated in court,” Sanford said.

Nashelsky said he couldn't respond to whether women at MoFo who take advantage of the family-friendly policies are penalized in terms of their compensation, since it is related to Sanford's allegations.

“But when you look at all the people who have made partner, who have had children prior to and during years they were up for partner, if that was somehow a big problem, we wouldn't see the successes we see. Women and men wouldn't come here or stay here,” Nashelsky said.

Lauren Stiller Rikleen of the Rikleen Institute for Strategic Leadership said policies like those Nashelsky touts are certainly important for addressing bias and lack of diversity, but policies alone aren't enough.

If lawyers who use these policies aren't given plum assignments because they aren't viewed as committed, then it will by extension impact their compensation, said Rikleen, who coaches firms on weeding out implicit biases that negatively impact women and minorities.

“I hear from young men all the time about being at firms with great paternity leave policies, and always being told by some partner who thinks they are being very well-meaning, who will say to them that 'I will really encourage you not to take such a long time because it will really impact how you are viewed,'” she said.

“I don't want to minimize the importance of firms who go to the effort to have those policies in place,” Rikleen said. “But the next thing that has to be changed are the unconscious biases that impact how partners perceive and work with people who are using such policies.”

In response, MoFo said in a statement that it has continual training on implicit biases and has a system of checks and balances in place to address issues as they arise.

“We've conducted multiple unconscious bias training sessions for the leadership of the firm, all partners and associates across U.S. offices; we have done refreshers on unconscious bias for our compensation committee prior to having them discuss partner compensation and at the associate level, we have a process to safeguard against bias in evaluations,” the firm said in the statement.