Last month, the Biglaw firm of Polsinelli was hit with a discrimination lawsuit. The case, filed by former equity partner Julia Rix, alleged pervasive sexual harassment over the course of her time at the firm. Rix says she was “‘warned’ about the prevalence of sexual harassment of women at Polsinelli,” and details a “workplace rife with mistreatment and impropriety—and a culture indifferent to the ‘situation’ given this ‘tone at the top.’” The suit also highlights “Polsinelli’s callous gaslighting of Rix in response to her claims of sexual harassment is shocking—but not surprising.”
But now, the Biglaw is fighting back. Last week, the firm filed its response in the form of a partial motion to dismiss and a motion to compel arbitration. The motion argues Rix’s employment contract requires claims be stated under Missouri state law, and that under that standard, they’d fail:
Defendants Polsinelli and [Gabriel Y.] Dabiri move under Rule 12(b)(6) to dismiss Rix’s claims under D.C. law because Rix has failed to bring her claims under Missouri law, as required by the terms of her employment agreement; and under Missouri law, her state law claims fail for various reasons, including her failure to exhaust administrative remedies, Missouri law does not provide for individual liability, Missouri law preempts Rix’s tort claims, and her factual allegations fall short of the applicable pleading standard.
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