Law360, June 14, 2013 – Proskauer, Former CFO Reach Deal In Discrimination Suit

Posted June 14th, 2013.

by Ben James

An attorney for plaintiff Elly Rosenthal confirmed that the suit — which she filed in 2011, alleging sex, age and disability bias and seeking $10 million in damages — had been resolved, and Proskauer said in in a brief emailed statement that it was happy to put the dispute to rest

Rosenthal’s Oct. 5, 2011, complaint said that in spite of her successful stewardship of the law firm’s finances and the fact that she never received a single negative review from the firm, she was demoted and then terminated when she returned to work from medical leave in the fall of 2008.

Rosenthal, a certified public accountant, was hired as the law firm’s CFO in 1992 and kept the post until September 2008, when she returned from medical leave and was promptly demoted to a position that had not previously existed called “chief administrative financial officer,” her Oct. 2011 complaint asserted.

Rosenthal said she received treatment for breast cancer, including multiple surgeries, and initially returned to work just a few weeks after her final surgery, before deciding to take another three months of medical leave. The firm’s chairman told her, “There will always be a place for you” at Proskauer, she claimed.

The complaint went on to allege that upon her return male supervisors and colleagues, including Proskauer’s chief operating officer, engaged in a campaign to marginalize Rosenthal and force her out of the firm by failing to provide her with important information, moving her office to one eight blocks from the firm’s Times Square headquarters and refusing to give her a bonus or merit pay.

In March, Rosenthal filed an amended complaint that pared down her claims, and only alleged discrimination based on an actual or perceived disability.

Proskauer Rose is represented in this matter by Dechert LLP’s Robert Jossen and Proskauer’s Kathleen McKenna.

–Editing by Stephen Berg.

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