Published: November 22, 2011
Law Offices of Tamara S. Freeze Files Wrongful Termination Lawsuit against Bingham McCutchen for Associate Afflicted with Rare Sleep Disorder
BEVERLY HILLS, Calif. - (BUSINESS WIRE) - Citing disability discrimination and retaliation as well as violations
of two California employment protection acts, a former Litigation
Associate with Bingham McCutchen LLP has filed a wrongful termination
lawsuit (case number BC474009) in Los Angeles Superior Court against the
international law firm for grievances related to her dismissal after she
developed a rare sleeping disorder.
The lawsuit on behalf of Hartwell Harris, 34, was announced at a news
conference held today in the Beverly Hills, CA offices of her attorney,
Tamara S. Freeze. In addition to Bingham McCutchen, a law firm
headquartered in Boston, MA which has offices in the U.S., Europe and
Asia, defendants included Attorneys Seth Gerber and Jonathan Loeb, firm
partners who supervised Ms. Harris in its Santa Monica, CA office.
Among specific causes of action cited in the lawsuit include: employment
discrimination, failure to accommodate disability, interference with,
and retaliation for, exercising rights under the Family Employment and
Housing Act and California Family Rights Act and defamation. The lawsuit
seeks general, compensatory, exemplary and punitive damages, legal costs
and injunctive relief.
According to Ms. Freeze, in April 2010, after working at Bingham
McCutchen for three years, Ms. Harris was afflicted by Delayed
Sleep-Phase Syndrome (DSPS), a chronic circadian rhythm sleep disorder
which disrupts the timing of sleep, peak periods of alertness, core body
temperature, hormonal and other daily rhythms. Until that point in time,
she emphasized, Ms. Harris had consistently received promotions, pay
raises and bonuses.
Bingham McCutchen initially granted Ms. Harris a short-term disability
leave, then placed her on unpaid leave and ultimately terminated her
employment February 24, 2011. The lawsuit states that the firm refused
her doctor's proposed accommodations, such as flexible start times or
telecommuting, and did not offer any other options to accommodate her
disability. Ms. Freeze commented: "It is egregious that Bingham
McCutchen made no 'good faith' effort to propose and implement even
minimal accommodations to her work schedule which would have allowed her
to continue serving the firm and its clients."
A native of Winona, MS (population approximately 5,000) and coming from
a modest economic background, Ms. Harris attended Princeton University
where she received a degree in Political Science before obtaining her
Juris Doctor degree at the University of California at Berkeley Law
School.

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