Jones Day's offices. Photo: John Disney/ALM

Jones Day on Friday shot back at allegations that it discriminates against men, arguing that its parental leave policies for birth parents and adoptive parents are "sex-neutral in every respect."

In a 37-page motion to dismiss filed Friday in D.C. federal court, attorneys for Jones Day said the claims raised by Mark Savignac and Julia Sheketoff, a married couple who worked at the firm as associates, are "legally meritless."

"The only disparate treatment here is between primary and secondary caregivers—regardless of gender. That does not (and is not alleged to) violate the law," Jones Day's lawyers wrote.

Savignac and Sheketoff alleged the firm's leave policy—in which birth mothers are offered eight weeks of paid disability leave—is discriminatory. But that's because "fathers are not similarly situated to postpartum mothers," the firm argued.

"If a father suffered a heart attack while in the delivery room, he too would be entitled to disability leave," Jones Day continued.

Savignac and Sheketoff complained to the firm about its parental leave policies in 2018 before their son was born. Sheketoff left Jones Day in August 2018. Savignac, described by Jones Day in its filing as a "supposedly sophisticated attorney," was fired five months later, after he sent another email demanding 18 weeks of paid leave or else he would sue and fight the issue both in court and the "court of public opinion."

Jones Day in its motion described Savignac's email as a threat and thus grounds for termination. It was not, the firm's attorneys argued, a "protected activity" because his complaints were not about unlawful activity or discrimination.

"Actually, Jones Day fired him for the poor judgment and immaturity reflected by his extortionate threat to harm the firm in the 'court of public opinion' unless it acceded to his unreasoned demand for the same disability leave afforded to women who give birth," the firm's lawyers wrote.

Jones Day denied the other claims raised by the couple, who met when clerking for U.S. Supreme Court Justice Stephen Breyer. The firm described the two as "undoubtedly, clever and creative lawyers with aspirational views of the law," and suggested that the best way they can achieve their goals for parental leave is to pursue legislative action.

The lawsuit from Savignac and Sheketoff comes as Jones Day fights off a proposed $200 million class action that was filed by former associates who allege that the firm systemically discriminates against women lawyers.

Savignac and Sheketoff are representing themselves in the case. Savignac did not immediately respond to a request for comment Friday.

Read More

Ex-SCOTUS Clerks Sue Jones Day, Alleging Anti-Male Bias