After reviewing the non-discrimination policies of the Baker & McKenzie law firm, the Career Planning and Placement Committee decided last week to allow the firm to continue to recruit on campus. Baker & McKenzie's recruiting privileges were first called into question this July when two Lesbian Gay and Bisexual Law Students Association members filed a complaint with the Committee claiming that the firm violated the Law School's non-discrimination policy. The New York State Division of Human Rights ruled in 1993 that the New York office unlawfully fired an attorney after learning that he had AIDS. And a Palo Alto jury awarded a secretary $6.9 million last month, according to the committee, because a partner sexually harassed her. The two students, Anthony Falzon and Rose Weber, asked the Law School to ban Baker & McKenzie from recruiting on campus because of the court decisions. While suspending the firm temporarily, the committee asked for information about its non-discrimination policy and how it ensures that the policy is followed. Baker & McKenzie sent a copy of its code of conduct, equal employment opportunity and sexual harassment policies and complaint procedures for reporting violations, according to a memorandum issued by the committee. The Washington office, the only one scheduled to recruit at the University, said it places a high value on the code, discussing it at meetings and periodically redistributing it to all employees. Representatives for the Washington office also told the committee that they expect to establish formal diversity training, but did not say when. Because the court cases did not involve University students, Associate Law Professor Alan Lerner, who chaired the committee, said its role was to evaluate policies and procedures and not to punish the firm for past incidents. "If we don't let the firm come in then students can't make decisions for themselves, and that was definitely a concern," Lerner said. While committee members said they are convinced that the firm has effective policies, they acknowledged that Baker & McKenzie does not have written procedures to respond to violations other than sexual harassment. But, the firm claimed, in its letters to the committee, that it is the most diverse law firm nationwide because almost half of its employees are minorities. Most of these employees, according to Weber, are clerical and maintenance staff. The firm did not reveal how many partners are minorities. "This arrogant and high handed treatment shows how little respect Baker & McKenzie have given to the whole matter," Weber said. Falzon and Weber have asked the committee to clarify a key phrase in the memorandum which states that, when an incident does not involve a University student, the committee's role is "prospective and regulatory, not punitive." "The committee is prospective in that it is looking forward," said Law Professor Barbara Woodhouse, a committee member. "We look at the policies in place and how they are implemented later." The committee then regulates the qualifications for a firm to recruit on campus, according to Woodhouse. Weber says she was told that the decision only allows the Washington office to recruit on campus, and not the two offices accused of bias, but several committee members said they were unsure of its applicability. Until the committee clarifies its position, Weber says the LGBLSA will not issue a response.
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