JWT, WPP File Motion to Dismiss Gender Discrimination Lawsuit
May 20 2016 - 3:15PM
Dow Jones News
By Nathalie Tadena
J. Walter Thompson and its parent company WPP have filed a
motion to dismiss a lawsuit that accuses the agency's former chief
executive of a pattern of sexist and racist behavior that created a
hostile work environment.
In a court filing on Friday, lawyers for JWT and WPP at Davis
& Gilbert LLP said that JWT Chief Communications Officer Erin
Johnson's claims are "baseless" and that she doesn't have enough
evidence to support her discrimination case. They said Ms. Johnson
"has twisted the facts and distorted the context to contrive
gender-based hostile work environment and retaliation claims."
Ms. Johnson filed a lawsuit against former JWT CEO Gustavo
Martinez, JWT and WPP in March, accusing Mr. Martinez of sexist
comments, offensive remarks about African-Americans and people of
Jewish faith, and unwanted touching, including grabbing her by the
throat and back of her neck. She also said that Mr. Martinez, who
became JWT's CEO in 2015, made jokes about rape and "publicly asked
questions about which female staff member he should rape."
Ms. Johnson's lawsuit claims she complained repeatedly to JWT
and WPP executives about Mr. Martinez's behavior. Mr. Martinez, who
has denied the allegations, resigned as the agency's CEO shortly
after the suit was filed. A lawyer for Mr. Martinez couldn't
immediately be reached for comment.
The lawyers for WPP and JWT, one of the oldest and biggest ad
agencies in the world, argued that Ms. Johnson's allegations about
Mr. Martinez's "unending stream" of racist comments and
anti-Semitic remarks are irrelevant to her gender discrimination
claims because she isn't a minority or Jewish.
"It is clear that she included those remarks to sensationalize
the case, " JWT's and WPP's lawyers said.
Anne Vladeck, a lawyer for Ms. Johnson, said her initial
reaction to the opposition's motion to dismiss is that this is a
tactic to avoid going to trial because "they don't want certain
people under oath." She also said that JWT and WPP's "attack" on
Ms. Johnson in the filing is "inconsistent" with the company's
claim that it is focused on diversity and inclusion.
Last month, Ms. Johnson's lawyers entered into evidence a video
clip of Mr. Martinez making a rape joke at an agency meeting in
Miami a year ago. A version of the video, with the faces of the
meeting's attendees blurred out, was released to the public on
Vimeo.
In the filing Friday, JWT and WPP's lawyers said that Mr.
Martinez's use of the word "rape" at the Miami conference "was not
directed at Johnson and therefore precludes any causal connection"
to her complaints that her bonus was lowered for 2014. In Ms.
Johnson's suit, she says she complained about her bonus several
times to Mr. Martinez and alleges he didn't answer her question
about whether all the men who reported to him also received
significantly lower bonuses for the year.
The JWT lawsuit has garnered much attention on Madison Avenue
and sparked heated discussions about the state of diversity and
inclusion across the advertising industry.
Write to Nathalie Tadena at nathalie.tadena@wsj.com
(END) Dow Jones Newswires
May 20, 2016 15:00 ET (19:00 GMT)
Copyright (c) 2016 Dow Jones & Company, Inc.
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