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Anita Bowen, a Black female attorney formerly with Fabiani Cohen & Hall LLP, has asked a Manhattan federal judge to let her discrimination lawsuit proceed, despite her prior status as an equity partner in the firm. Bowen argues that her ownership stake does not negate her rights as an employee, allowing her to bring claims of discrimination and retaliation under federal and state laws.

Cohen Atty Discrimination Suit : Bowen’s Claims of Discrimination and Retaliation

Bowen initially filed her suit in April against Fabiani Cohen and its three name partners, asserting that she endured discrimination and harassment during her nearly 25-year tenure at the firm. Among her allegations, Bowen claims she was subjected to racial and gender-based slurs, including being labeled an "angry Black woman" and "island girl," and experienced “unequal pay based on sex.”

She further alleges that she was terminated in retaliation for speaking out against the alleged discrimination, with her final day at Fabiani Cohen falling on May 15 — just two weeks after she initially filed her claims. Seeking a formal declaration of the firm’s actions as unlawful, Bowen is also pursuing compensatory and punitive damages, as well as attorney fees.

Legal Arguments Over Employment Status

Fabiani Cohen has moved to dismiss the case, contending that Bowen’s status as an equity partner disqualifies her from bringing employee-based discrimination claims. The firm argues that employment laws are not designed to address disputes between business partners, and accuses Bowen of leveraging her claims to increase her share of the firm’s profits.

Bowen counters that, despite her title, she had no real control over firm operations, as her work assignments, client cases, and trial roles were determined by the name partners. She stated that she was unable to hire employees or influence billable hour allocations for herself or others, making her, in effect, an employee under the firm’s control.

Amendments to the Complaint and Timeliness of Claims

In her recent filing, Bowen sought leave to amend her complaint, adding new allegations while withdrawing certain claims, including intentional infliction of emotional distress and an accounting claim. Bowen maintains her discrimination claims are timely, noting that she filed a discrimination charge with the U.S. Equal Employment Opportunity Commission (EEOC) in September, which tolled the statute of limitations. Additionally, she argues that the “continuing violations doctrine” allows her to pursue claims based on ongoing discriminatory conduct.

Cohen Atty Discrimination Suit : Next Steps and Legal Representation

The case, filed in the U.S. District Court for the Southern District of New York, continues as Bowen seeks to secure her right to pursue the discrimination and retaliation claims. Bowen is represented by Velly B. Polycarpe of Polycarpe & Associates and Marjorie Mesidor, while Fabiani Cohen is represented by Heather E. Griffin of Gordon Rees Scully Mansukhani LLP.