A former staff associate at New Jersey law firm McCarter & English has filed a claim against his former employer, accusing them of subjecting him to a hostile work environment and discrimination. He alleges that the firm fired him under the pretense of violating their social media policy and says that his December 2023 termination was a response to his advocacy for veterans as part of the firm’s DEI initiative. He also alleges bias against his conservative political views.

According to the claim filed in Essex County Superior Court in New Jersey, William D. Brown, Jr. is a veteran of the Navy Seals who served in the Iraq War.  Upon his return to civilian life, he was hired to work in the firm’s bankruptcy group. He worked there for six and a half years before being fired after having posted a comment on the social media platform LinkedIn decrying “gangsta rap” lyrics and violence in the Muslim world. Though McCarter & English indicated his termination was in response to his post promoting negative stereotypes, Brown claims that the real reason he was fired was that he had previously complained about veterans being excluded from the firm’s diversity efforts, as well as about the unequal pay that he was receiving.

Mr. Brown’s complaint alleged numerous incidents of a hostile work environment and discrimination from his tenure at McCarter & English, including:

  • A 2019 episode of sexual harassment in which an Equity Partner at the firm inappropriately touched him and made suggestive comments. He reported the incident to another partner and an associate and felt that the incident prevented him from accessing a firm-provided dinner for fear of further sexual harassment.
  • A 2019 episode in which an Equity Partner at the firm unexpectedly asked him how many people he had killed while serving as a Navy SEAL. Mr. Brown indicates that this incident and other discriminatory beliefs, ideals, and language in the workplace indicated that his colleagues “feared, loathed, and discounted [him] as a mere ‘killer.’”
  • Being excluded from the firm’s Annual Diversity Retreat throughout his 6 ½ year tenure despite his status as a well-known veteran advocate and veteran himself, and therefore a minority in the firm’s workplace.
  • Despite his inquiries and repeated requests, the firm failed to publish an email or other communication honoring and remembering those lost in the 9/11/01 terrorist attacks along with other emails they sent during the same period promoting, celebrating, and recalling various causes and historical events. When he directly inquired why the DEI Committee had acknowledged LGBT History Month but not 9/11, the response he received inferred that he was homophobic.
  • In light of his own extremely low salary as an Associate who had been with the firm for six years compared to the base pay for first-year hires, Mr. Brown published a post on LinkedIn advocating for fair and equal pay for veterans. The following day, he was called into a conference room regarding the post. He was asked whether he was mentally sound and told they were concerned he might hurt someone despite his post containing no violent language or visual depiction of violence.

Mr. Brown indicated several more incidents that he claims “go against the strong public policy of non-discrimination, fair treatment, and support for veterans and military service members. He claims that the firm had distinct and separate standards of conduct for those within the firm “who adhered to political left orthodoxy” and those “who happened to not endorse the same leftist worldview.” As an example, he said that he had been asked to delete a LinkedIn post featuring a Newark federal courtroom, while another attorney from the firm put up a similar post that was praised. He also alleges that the firm tried to have him uninvited from a Rutgers University event and refused to honor his request for a referral for a fellow Navy SEAL who had been tied to the January 6 riots.

Mr. Brown claims that despite him being part of the bankruptcy group, he was reassigned to represent clients accused of child sexual abuse allegations. He believes this was part of a pressure campaign to make him resign.

The lawsuit accuses his former employer of violating the Conscientious Employee Protection Act and wrongful termination. He is seeking reinstatement, compensation for damages, and injunctive relief.

Discrimination in the workplace can take many forms and impact underrepresented groups of all kinds. If you believe that you have suffered an adverse employment action based on your membership in a protected group, the experienced professionals at Schorr & Associates can help. Contact us today to set up a time for us to meet.