Times Online January 17, 2007

Sullivan & Cromwell hit with gay bias suit
Michael Herman

A gay lawyer at one of America’s most prestigious law firms has created a stir within New York’s legal community after suing his firm for discrimination.

Aaron Charney, 28, a corporate associate at Sullivan & Cromwell, filed a lawsuit in Manhattan yesterday accusing the firm of systematically discriminating against him because of his sexual orientation.
The lawsuit, which demands unspecified damages, claims Mr Charney was subject to "lewd and illegal conduct" at work.
It gives several examples to support his claim including an incident where Mr Charney alleges that a senior partner threw a file at his feet before instructing him to "bend over and pick it up – I’m sure you like that."
Elsewhere in the 48-page complaint, Mr Charney alleges that he was accused of conducting an "unnatural" relationship with another male employee after the two regularly ate lunch together.
Sullivan & Cromwell, renowned for its huge roster of corporate clients, immediately hit back at the claim, distributing an internal e-mail from its chairman, Rodgin Cohen, saying the firm "categorically denies Mr Charney’s allegations".
Mr Cohen said that the firm investigated Mr Charney’s complaint when it was first raised last year, together with a "multimillion-dollar" demand for compensation, but rejected both.
He said the firm was "widely recognised as welcoming to all persons without regard to sexual orientation".
Mr Cohen’s assertions were supported by David Braff, managing partner of Sullivan & Cromwell’s litigation practice, who told The New York Times: "I have been openly gay since I arrived at this firm in 1984. There’s absolutely no atmosphere of hostility toward gay people here."
Mr Charney, who is still employed at Sullivan & Cromwell, said in an interview with the Above The Law blog that he was "doing what I can to shine light on a serious problem. I'm trying to be brave and stand up for what's right."
He said he had spoken to several lawyers who had advised settling the matter privately but insisted on filing a formal – and therefore public – lawsuit because he "wanted it to be handled in a way that drew attention to the issue."
New York’s army of legal bloggers have, so far, avoided taking a stance on the issue but their readers have shown no such restraint. Responses to news of the lawsuit on Above The Law and The Wall Street Journal law blog varied from encouragement to contempt.
Mr Charney, who has recently set up his own website, has been branded an "opportunist" acting out of a selfish desire for "money and publicity".
But other, mostly anonymous comments, expressed sympathy for Mr Charney and his case suggesting that Sullivan & Cromwell partners considered themselves "above the law".
The case has attracted so much attention in New York because as well as addressing the emotive issue of sexual equality on Wall Street, it is extremely unusual. A handful of secretaries and other support staff have sued major law firms for discrimination but it is virtually unheard of for junior lawyers to attempt similar claims because of the effect they are perceived to have on their future employment prospects.
Also unusual - and reinforcing rumours that Mr Charney is a determined self-publicist - is the news that he will be representing himself in the case, prompting a Wall Street Journal reader to remind others of the well-known legal adage that: "A lawyer who represents himself has a fool for a client."