08/27/14
Former Detroit Litigation Chair of Foley & Lardner Loses Pay Discrimination Suit
Summary: Raymond J. Carey, a former Litigation Chair for the Detroit Office of Foley & Lardner lost in Sixth Circuit in a pay discrimination matter he brought against the law firm. The matter is of additional interest because the opinion provides an outstanding glimpse into the partner compensation practices of Foley, as also what a law firm partner needs to prove prima facie to allege pay discrimination. The matter is also one where the plaintiff brought reverse discrimination claims and failed.
A three judge bench of the U.S. Court of Appeals for the Sixth Circuit gave its opinion in the matter of Carey v. Foley & Lardner LLP this week on 25th August. The panel upheld the summary judgment initially given by the U.S. District Court for the Eastern District of Michigan and held that Carey had failed to establish even a single element of a prima facie case of discrimination against the law firm.
While the turn of events may be disconcerting to Raymond J. Carey, who is a former Litigation Chair of the Detroit office of the law firm, the opinion illustrates that Foley's compensation practices for partners is quite watertight and can pass as a good checklist when deciding partner compensation policies for law firms. The opinion also shows what a law firm partner needs to prove prima facie in order to establish pay discrimination and attract applicable federal laws.
Even though Carey proved that there were other partners in the same office who had been paid better against billable hours, he failed to prove discrimination, because discrimination could not be established unless a class of partners could be found who have similar responsibilities and perform similar duties to Carey.
The court observed, "Because the comparison focuses on the duties and responsibilities of the jobs under comparison, two jobs that bear the same title do not necessarily require "equal work" … In determining whether a comparator is appropriate for the purposes of an EPA claim, our focus is on actual job requirements and duties, rather than job classifications and titles."
The court found, "In the instant case, Carey cannot show that all partners perform substantially equal work merely because they hold the title "partner" … a partner in any practice group could serve as an appropriate comparator, but only if there is evidence that the partner performs roughly equivalent duties and functions."
To substantiate his stand Carey submitted partner profiles on website as evidence, but the Court said, "These profiles are marketing materials that list each partner's representative clients and professional accomplishments, but they do not describe the specific duties the partner performs during her representation of the client."
Carey also failed because he seems to be a 'lone wolf.' As the court pointed out, "Moreover, Carey testified that his practice was unique in comparison to other partners at Foley … Thus, Carey failed to provide evidence from which a reasonable jury could conclude that Foley compensated him at a lesser rate than female partners who perform "equal work" in violation of the EPA."
Attorneys looking for litigation law firm jobs in Detroit can visit this page on LawCrossing.com
This news originally appeared on BCGsearch.com: Former Detroit Litigation Chair of Foley & Lardner Loses Pay Discrimination Suit
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published August 27, 2014
By Harrison Barnes, CEO and Founder - BCG Attorney Search 
About Harrison Barnes
No legal recruiter in the United States has placed more attorneys at top law firms across every practice area than Harrison Barnes. His unmatched expertise, industry connections, and proven placement strategies have made him the most influential legal career advisor for attorneys seeking success in Big Law, elite boutiques, mid-sized firms, small firms, firms in the largest and smallest markets, and in over 350 separate practice areas.
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- And many more...
This breadth of placements is unheard of in the legal recruiting industry and is a testament to his extraordinary ability to connect attorneys with the right firms, regardless of market size or practice area.
Proven Success at All Levels
With over 25 years of experience, Harrison has successfully placed attorneys at over 1,000 law firms, including:
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He has also placed hundreds of law firm partners and has worked on firm and practice area mergers, helping law firms strategically grow their teams.
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Harrison Barnes is not just the most effective legal recruiter in the country, he is also the founder of BCG Attorney Search, a recruiting powerhouse that has helped thousands of attorneys transform their careers. His vision for BCG goes beyond just job placement; it is built on a mission to provide attorneys with opportunities they would never have access to otherwise. Unlike traditional recruiting firms, BCG Attorney Search operates as a career partner, not just a placement service. The firm’s unparalleled resources, including a team of over 150 employees, enable it to offer customized job searches, direct outreach to firms, and market intelligence that no other legal recruiting service provides. Attorneys working with Harrison and BCG gain access to hidden opportunities, real-time insights on firm hiring trends, and guidance from a team that truly understands the legal market. You can read more about how BCG Attorney Search revolutionizes legal recruiting here: The Story of BCG Attorney Search and What We Do for You.
The Most Trusted Career Advisor for Attorneys
Harrison’s legal career insights are the most widely followed in the profession.
- His articles on BCG Search alone are read by over 150,000 attorneys per month, making his guidance the most sought-after in the legal field. Read his latest insights here.
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If you are serious about advancing your legal career and want access to the most sought-after law firm opportunities, Harrison Barnes is the most powerful recruiter to have on your side.
Submit your resume today to start working with him: Submit Resume Here.
With an unmatched track record of success, a vast team of over 150 dedicated employees, and a reach into every market and practice area, Harrison Barnes is the recruiter who makes career transformations happen and has the talent and resources behind him to make this happen.
A Relentless Commitment to Attorney Success
Unlike most recruiters who work with only a narrow subset of attorneys, Harrison Barnes works with lawyers at all stages of their careers, from junior associates to senior partners, in every practice area imaginable. His placements are not limited to only those with "elite" credentials—he has helped thousands of attorneys, including those who thought it was impossible to move firms, find their next great opportunity.
Harrison’s work is backed by a team of over 150 professionals who work around the clock to uncover hidden job opportunities at law firms across the country. His team:
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This level of dedicated support is unmatched in the legal recruiting industry.
A Legal Recruiter Who Changes Lives
Harrison believes that every attorney—no matter their background, law school, or previous experience—has the potential to find success in the right law firm environment. Many attorneys come to him feeling stuck in their careers, underpaid, or unsure of their next steps. Through his unique ability to identify the right opportunities, he helps attorneys transform their careers in ways they never thought possible.
He has worked with:
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For attorneys who think their options are limited, Harrison Barnes has proven time and time again that opportunities exist—often in places they never expected.
Submit Your Resume Today – Start Your Career Transformation
If you want to explore new career opportunities, Harrison Barnes and BCG Attorney Search are your best resources. Whether you are looking for a BigLaw position, a boutique firm, or a move to a better work environment, Harrison’s expertise will help you take control of your future.
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Alternative Summary
Harrison is the founder of BCG Attorney Search and several companies in the legal employment space that collectively gets thousands of attorneys jobs each year. Harrison’s writings about attorney careers and placement attract millions of reads each year. Harrison is widely considered the most successful recruiter in the United States and personally places multiple attorneys most weeks. His articles on legal search and placement are read by attorneys, law students and others millions of times per year.
More about Harrison
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