Post a JobA public finance attorney has launched a sexual discrimination lawsuit against Nixon Peabody, alleging that he was subjected to taunting and ridicule while working at the firm's Los Angeles office.
Henry Har, now an associate in Holland & Knight's San Francisco office, claims that he was wrongly fired from Nixon Peabody in 2008 because of his gender, and because he is Asian-American.
The 18-page complaint filed in Los Angeles Superior Court charges that Har was subjected to a partner's comments about oral sex and other "homophobic" statements from workers at Nixon Peabody. Har v. Nixon Peabody, No. BC404312.
Har alleges that because of the trauma, humiliation and loss of earnings he endured, he is entitled to damages for discrimination, breach of an implied covenant, wrongful discharge, misrepresentation and intentional infliction of emotion distress.
Nixon Peabody issued a written statement in response to a request for an interview about the lawsuit.
"The firm is committed to providing an open and inclusive workplace. It does not comment on pending litigation, but resolutely denies Mr. Har's charge of discrimination and will vigorously respond to it in court." The law firm also provided a link to its diversity page on its Web site.
Har, a graduate of New York University School of Law, originally worked in Nixon Peabody's San Francisco office and moved to the Los Angeles location in September 2007. His complaint states that the Los Angeles office had a "drastically different working environment" from the San Francisco office and that attorneys in the office "demonstrated inappropriate and offensive behavior toward ethnic minorities, women and homosexuals."
He alleges that he was told by two male attorneys that a certain female employee would be much easier to work with if he "looked directly at her chest when speaking to her."
Har further alleges that a partner in the Los Angeles office asked him whether an office administrator, who is openly gay, gave Har oral sex. He also contends that male Asian-American attorneys at the firm have lower retention and employment rates and that the firm treats those attorneys unfairly.
In addition, Har asserts that the partner responsible for his firing called him a "thin-skinned mama's boy."
Har was fired from Nixon Peabody in February 2008, according to his complaint, which states that the reason the firm gave for his termination was because he assaulted a fellow associate at a firm-sponsored happy hour. Har, who denies the assault against attorney Rudy Salo occurred, described the incident as a "verbal spat" that transpired after Salo accused him of stealing his chair and sitting on his jacket during happy hour.
Salo, reached by phone Tuesday, declined to comment. "As much as I would love to explain the event, we've been told we're supposed to have you speak to someone in the firm," he said, referring to Nixon Peabody's media relation's director.
Salo is a graduate of Georgetown University Law Center and is an associate in the public finance group of Nixon Peabody's Los Angeles office. Before joining Nixon Peabody, he was an associate at Rutan & Tucker, according to Nixon Peabody's Web site.
Har was not immediately available for comment. He is represented by Sam Wong, a member of Aegis Law Firm, in Irvine, Calif.
According to the complaint filed on Dec. 22, Har was fired for becoming physically violent and having forcefully "bull-rushed" Salo at the happy hour event, which Har denies. He contends that two of Salo's friends falsely corroborated Salo's version of the altercation, and also plotted to smear his "good name" and conspired to have him fired. Har is asking for unspecified general, special, compensatory and punitive damages.
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Former Associate Sues Nixon Peabody, Alleges Sexual Discrimination
The National Law Journal
January 14, 2009
