“Who could be suingyou guys?” Anne rose quickly, crossing to read the papers.
Lou snorted, getting up. “Who would be crazy enough?”
“And for what?” John asked, indignant, crossing the room to read over Bennie’s shoulder.
Bennie read through the papers. “We’re being sued for reverse sex discrimination.”
Mary read over Bennie’s shoulder, aghast. “The plaintiffs are three male lawyers who allege they applied for jobs and weren’t hired because they’re men.”
“Are youserious?” Judy recoiled. “We’re being sued?”
Lou asked, “What’s the Pennsylvania Human Relations Commission?”
Bennie kept reading the Complaint. “It’s an agency that enforces state law prohibiting discrimination on the basis of gender and for other reasons. The federal analogue is Title VII of the Civil Rights Act.”
Judy looked over at Lou. “The Pennsylvania Human Relations Act covers smaller employers like us. This is the beginning of a lawsuit, because you have to file a complaint with the Commission before you can go to court.”
“Here, I’ll read the allegations.” Bennie cleared her throat. “The law firm of Rosato & DiNunzio was unlawfully founded as a ‘women-only’ law firm. On many occasions, its principals Bennie Rosato, Mary DiNunzio, and Judy Carrier have even admitted as much, stating in interviews that their law firm is ‘comprised of all women’ and is ‘all-female.’”
Mary felt a wave of nausea, only partly pregnancy-related. “We said that because reporters would ask us if we were all-female. That doesn’t mean it’s ajob requirement.”
“Whoarethese plaintiffs?” Judy’s fair skin flushed with emotion, turning almost as pink as her hair. “When did we fail to hire them? Besides, we’re not an all-female law firm anymore. We have John now. Doesn’t he count?”
“Yeah, right.” Anne gestured to John. “You hired him yourself, right, Judy?”
“Yes, totally.” Judy nodded, emphatic. “Bennie, that disproves their case right there, doesn’t it?”
“No, it doesn’t.” Bennie looked over, frowning. “Point of law, the fact that a company hired a man doesn’t prove that it didn’t discriminate against another male plaintiff. Secondly, the fact that we don’t interview more widely doesn’t cut in our favor. Failing to interview widely tends to perpetuate discriminatory employment practices. In an all-male firm, it would perpetuate an old-boy network.”
“Like an old-girl network?” Mary felt defensive. “Gimme a break. We don’t discriminate against men. This suit doesn’t have any merit. These guys have a lot of nerve.”
“Because they’re men,” Judy shot back, but nobody laughed. “Okay, not allowed to joke around anymore. Bennie, who are the plaintiffs?”
“Their names are Michael Battle, Graham Madden, and Stephen McManus, corporate litigators. They allege they were ‘more than qualified’ to be associates. They applied and were rejected. It says we interviewed one, McManus.” Bennie looked up, puzzled. “Who interviewed McManus?”
“I did,” John answered. “I thought we needed an associate to help onLondon Technologies. I asked Anne if I could hire somebody. Remember, Anne?”
“Yes.” Anne nodded, frowning. “You were supposed to interview the candidates, make a recommendation to me, and I’d run it up to Bennie.”
“Okay, so I put an ad online and in theIntelligencer, went through the resumes, and interviewed a bunch of candidates, including one of these three, the plaintiffs.” John lookednonplussed, turning to Bennie. “I liked Steve McManus and recommended to Anne that we hire him. She said no and told me to go back to the drawing board. Instead I hired a contract lawyer because I didn’t have time to start the whole process over again.”
Bennie faced Anne. “Why didn’t you want to hire McManus? Did you interview him?”
“No.” Anne thought for a minute, a worried crease marking her perfect features. “I looked at the resume and didn’t like it. He didn’t seem to have any personality. I didn’t think he would be a good fit.”
Bennie arched an eyebrow. “What do you mean by ‘good fit’?”
“He seemed really boring, like, too quiet. None of us is, and that’s why this is a fun place to work. He didn’t strike me as the kind of person we need, completely regardless of his gender.” Anne straightened. “I can totally defend my decision. Under the law, we can decide not to hire someone for any reason, or even no reason, as long as it’s not discriminatory.”
“Correct.” Bennie returned her attention to the Complaint. “Foxman, you’re mentioned here, too.”
“I am?” John swallowed hard, and Mary noticed he suddenly seemed nervous, which was unusual because not much ruffled his patrician cool. He was good-looking, with intelligent blue eyes behind rimless glasses, a small nose, and precisely layered reddish hair. Tall and perennially well-dressed, he always looked to Mary as if he’d been born in a rep tie. But she could see his mouth go suddenly dry.
Bennie cleared her throat again. “Let me read aloud. ‘Plaintiff Stephen McManus was interviewed by associate John Foxman in his office at Rosato & DiNunzio. During the interview, Foxman told Plaintiff McManus that he himself felt ‘out of place at Rosato & DiNunzio because he was amale.’” Bennie looked up slowly, appalled. “Did you say that, Foxman?”
Mary sensed the answer. John tended to make his opinions known, and she remembered that on the last case they had worked together, he had spoken imprudently to the media. In other circumstances she would have termed it mansplaining, but not today.
“Whoa.” Judy grimaced at John. “Did you reallysaythat?”
