Partners struggle to offer feedback to associates, and the racial discrimination and retaliation lawsuit recently filed against Troutman Pepper Hamilton & Sanders and an ongoing trial in which Davis Polk & Wardwell is defending itself against similar accusations demonstrate how the blurry line between constructive criticism and microaggressions serves to complicate the matter.
The Davis Polk suit, filed in 2019 by former associate Kaloma Cardwell, and the Troutman suit, filed on Jan. 17 by former associate Gita Sankano, claim the two Am Law 100 firms retaliated against them after they began raising complaints of racist behavior within their offices. Davis Polk and Troutman Pepper, meanwhile, claim that the terminations of both associates were rooted in performance.
