As reported by Massachusetts Lawyers Weekly, the Michelle Moor v. Bingham McCutchen sexual harassment complaint will proceed to trial.
In the complaint, former associate Michelle Moor claims that she was drugged at a holiday lunch party in December 2007 that was hosted by Bingham McCutchen at Lucia restaurant in Boston. After feeling “extremely disoriented,” Moor took herself to a hospital emergency room, where blood tests found traces of the “date rape” drug, Tegretol, in her blood.
On January 17, 2008, at a dinner celebration hosted by Bingham McCutchen at another Boston restaurant, Grill 23, Moor alleges that coworker Jeremy Breen, a member of the firm’s litigation technology department, “made a number of alarming sexually inappropriate comments, the most serious being that he enjoyed having sex with women who were unconscious, and that he knew how to get ‘roofies’ (the colloquial term for the date rape drug Rohypnol).”
According to the complaint, “In the days after this event, Ms. Moor learned that another female attorney had also been drugged after socializing with Bingham co-workers and had, in fact, been raped.”
Moor says she reported the drugging and rape incidents to Louis Rodriquez, the cochair of Bingham’s labor and employment group, as well as to Lynn Carroll, the firm’s chief human resources officer.
Moor claims that “Bingham’s failure to investigate and take prompt and adequate remedial action in response to these incidents of assault and sexual harassment constitute sex discrimination.”
In April 2009, the Massachusetts Commission Against Discrimination dismissed Moor’s sexual harassment and retaliation complaint. The agency ruled that Moor did not prove she suffered an adverse employment action at Bingham because the firm investigated and terminated the employment of Breen.
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