US discrimination laws apply to some partners, says NY Supreme Court

US workplace anti-discrimination laws generally apply to employees, while leaving partners to fend for themselves. But a new decision handed down by the New York Supreme Court last week ruled that in firms with hundreds of partners, some might be considered to be employees if control is concentrated among a small number of managing partners. John Weir sued Holland & Knight in 2007, claiming that his compulsory retirement at age 55 was age discrimination. He successfully argued that he did in fact fall within the statutory definition of ‘employee’ within the firm, because he answered to the authority of others and was “utterly unable to influence the firm to do much of anything.” Mike Delikat, the Orrick, Herrington & Sutcliffe employment lawyer representing Holland & Knight, said that this was the first ruling in the state to consider this question.

US discrimination laws apply to some partners, says NY Supreme Court blogs.wsj.com Mon, Dec 19, 2011