Dechert Says Tech, Not Gender, Spurred Staff Layoffs
In its answer to a complaint alleging sex and age discrimination, Dechert said the real reason it fired two payroll managers was that their jobs could be performed by cloud-based software.
January 30, 2018 at 02:43 PM
3 minute read
Photo: Diego M. Radzinschi/ALM
In response to two former staffers' discrimination claims, Dechert is arguing that their termination from the firm was not related to age or gender bias, but to technology advances.
In an answer filed Monday afternoon, Dechert said Patricia Gindhart, 58, and Dana Dudek, 55, were dismissed from their jobs because the firm had implemented new technology that reduced the need for payroll managers.
“Dechert moved to a cloud-based application for finance and human resources and
then outsourced its payroll function to streamline processes, improve efficiencies, and implement needed controls,” the answer said. “As a result, the positions held by plaintiffs were eliminated. The decision to terminate plaintiffs' employment had nothing to do with plaintiffs' age or gender or any retaliatory motive.”
Carolyn Short and Sandra Di Iorio of Reed Smith are representing Dechert in its defense.
Gindhart and Dudek filed their complaint against Dechert late last year in the U.S. District Court for the Eastern District of Pennsylvania. In 2016, Gindhart was a senior payroll manager for Dechert and Dudek was a payroll manager working directly under Gindhart. They worked at Dechert for 28 and 26 years, respectively.
According to their complaint, they were the two oldest female employees in the payroll department when they were fired in October 2016. The Equal Employment Opportunity Commission issued each of them a right to sue in August, after they filed EEOC complaints about their termination.
Gindhart and Dudek claim that while they were working for the firm, administrative leaders would make comments that showed bias against older women employees. The complaint cites several alleged episodes involving Anthony Licata, who was the firm's chief financial officer from 2008 to 2013, and chief operating officer from 2013 to 2014.
In one instance, the complaint alleges, Licata remarked to Gindhart that older women employees were only still working at Dechert because they would be unable to find work elsewhere. Gindhart spoke to human relations staff about the remarks, the complaint said, but no action was taken. The complaint also asserts in a footnote that the HR director who took those complaints was terminated soon after Licata became COO.
In its answer, Dechert denied that Licata made age-based comments.
“Gindhart's termination came on the heels of several complaints she raised with defendant that she was being discriminated against because of her age and/or her sex,” the complaint says. “By way of example, plaintiff Gindhart complained about a culture of bias against older and/or female employees at [Dechert], which included a supervisor calling long-term female employees 'cows' and the encouragement of a 'boys club' that resulted in beneficial treatment for certain younger, male employees of defendant.”
The complaint alleges that members of the so-called boys club were permitted to spend time at the firm on fantasy football drafts, while other employees were not allowed to pursue their own recreational interests during the work day.
In its answer, Dechert acknowledged that Licata and another male member of the finance staff “participated in sports pools,” but otherwise denied that claim.
“Discrimination played no role in Dechert's employment decisions regarding the plaintiffs in this matter,” Short said in an interview Tuesday. “Dechert is committed to diversity and equal treatment in the workplace.”
Neither did Rahul Munshi of Console Mattiacci Law, who is representing the plaintiffs.
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