Ex-Fabiani Cohen Attorney Pushes to Maintain Discrimination Suit Against Firm

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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.

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