Philadelphia plaintiffs firm Silvers, Langsam & Weitzman is seeking summary judgment in a paralegal's harassment suit, arguing that she is not credible and that the "discrete incidents of merely crude comments" in her complaint do not constitute pervasive conduct.

The law firm, which markets itself as MyPhillyLawyer, filed a motion Jan. 17 seeking to have the case dismissed by summary judgment. The firm says it fired paralegal Kimberly Hayes in March 2018 "after learning that she had misrepresented to financial institutions, and potentially others, that the firm represented a party in a real estate transaction involving her live-in boyfriend and friends" without the firm's permission.

The law firm contends that Hayes' sexual harassment claims are "fabricated" and that she does not have enough evidence to show a hostile work environment.

Richard Harris of Littler Mendelson is representing the law firm. "Silvers, Langsam & Weitzman is a firm built on its reputation, brand and marketing," he said in an interview Thursday. "Now that we're able to file the papers and after discovery has been completed I think the picture is clear that the allegations are without support."

Hayes filed her complaint in March in the U.S. District Court for the Eastern District of Pennsylvania, asserting claims under Title VII and the Pennsylvania Human Relations Act.

Hayes worked at the firm as a paralegal from Jan. 8, 2018, to March 8, 2018, the complaint said. Her complaint listed eight alleged instances of "sexually harassing comments" she encountered during that time, but noted that the harassment was not limited to those examples.

The complaint alleged several instances of harassment by one lawyer at the firm, which included him "telling plaintiff that her 'boobs look good,'" and "touching her behind on a weekly basis."

According to the complaint, Hayes informed the head paralegal in February 2018 that she was uncomfortable with the advances and comments. In response, the head paralegal said Hayes "would get used to it," the complaint alleged.

In March 2018, Hayes took a vacation, the complaint said. When she arrived back at the firm she was told she had been terminated from her position. According to the complaint, a letter from the firm said she was fired for misrepresenting her interest in the property where she lives.

In its summary judgment motion, the firm argues that Hayes' testimony "directly contradicted every other witness deposed in the case." With regard to her harassment claims, the firm said two lawyers she mentioned in her complaint denied making sexual comments about her. And the firm said that the people to whom she allegedly made complaints internally—the lead paralegal and another attorney in the firm—denied receiving those complaints.

"Ms. Hayes' testimony constitutes bare, unsupported, and conclusory allegations, and cannot alone survive the firm's summary judgment motion," the motion said.

The firm also argues that her complaint fails because managing partner Dean Weitzman did not know about Hayes' alleged complaints, and because Hayes cannot dispute the given reason for her termination.

Hayes filed claims with the Equal Employment Opportunity Commission and the Pennsylvania Human Relations Commission, and she was issued a right-to-sue letter in February.

Marisa Hermanovich and Kevin Costello of Costello & Mains are representing Hayes. Costello did not return a call seeking comment on the summary judgment motion.

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Paralegal Sues MyPhillyLawyer Firm Over Alleged Sexual Harassment