Ex-Analyst Sues Vanguard for Bias

News April 06, 2023 at 07:22 PM
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A former longtime Vanguard Group employee has filed a federal lawsuit accusing the mutual fund giant of age, gender and religious discrimination in firing him.

Joseph Rothman, who worked for 17 years in Vanguard's municipal credit research group, alleges the firm terminated his employment last year, when he was 57, despite his strong performance, motivated by "unlawful biases against him grounded in his age, gender, and Jewish faith."

Rothman, who worked as a senior analyst, is seeking economic damages that his lawyer said would exceed $1 million, in addition to other compensation.

"Joe loved his job and expected to work at Vanguard until retirement which wouldn't be for at least another decade. He enjoyed mentoring younger, less experienced teammates, but never expected to be discarded and replaced by them," his attorney, Patricia V. Pierce, a partner with Weir Greenblatt Pierce LLP, told ThinkAdvisor via email Thursday.

"He truly believes that there was no legitimate reason for his termination," Pierce said. "Rather he was terminated because as an aging Jewish male he did not fit the management profile that Vanguard wants to retain and reward."

Vanguard denied the allegations. "We believe the allegations are without merit," the company said in a statement emailed Thursday. "Vanguard is committed to hiring and retaining a diverse workforce, and we do not tolerate discrimination of any kind."

Based on Rothman's "record of sustained, superior performance," Vanguard management in 2017 selected him to "add depth" to the municipal credit research group in its Arizona office, according to the lawsuit, filed last week in the U.S. District Court for Pennsylvania's Eastern District (Case 2:23-cv-01263-PD).

"Taking this opportunity, Rothman uprooted his family from suburban Philadelphia where they had a strong community within which to practice their Jewish faith and moved to Arizona," the complaint says. "However, from the outset of his employment at Vanguard, others were uncomfortable with Rothman."

'Too New York'

Some at Vanguard viewed Rothman as "too New York," which Ruth Levine, the manager who hired him and is also Jewish, has said was code for too Jewish, according to the lawsuit. "Levine also said that the discomfort had nothing to do with Rothman's job performance but arose from his perceived 'New York' (Jewish)-ness."

After Levine retired and Rothman transferred to Arizona, Vanguard started treating him differently, passing him over for promotions that went to "younger, less qualified individuals" who became his supervisors, the lawsuit says.

When discussing the relocation to Arizona, Rothman shared that he was pleased to find a home near a synagogue, and a Vanguard principal, Ron Mintz, responded, "So, you're still doing the Jewy," according to the lawsuit.

When Rothman told his manager about Mintz's remark, the supervisor discouraged him from informing human resources or others in management, according to the suit.

Soon, another supervisor "used Rothman's age to critique his performance, saying he 'fired on only two cylinders' while younger, female analysts 'fired on five,'" Rothman alleges.

At the same time, this supervisor "criticized Rothman for failing to take part in evaluating certain investment opportunities despite the fact that Rothman had been excluded from taking part in evaluating those opportunities while younger, female colleagues were invited to do so," the suit claims.

Fired 'Without Warning'

In early March 2022, Vanguard "seized on a brief interaction Rothman had with a younger, female colleague" over scheduling a meeting, suspended him, ordered him not to return to the office and initiated an investigation, the complaint says.

Rather than look into the exchange between the two employees or review the younger, female colleague's behavior, "Vanguard conducted what another Vanguard employee called a 'witch hunt,'" interviewing employees who weren't involved with the incident and keeping Rothman in the dark about the nature of its inquiries, the suit alleges.

After a two-week suspension — without warning or engaging Rothman in a progressive discipline process — Vanguard terminated his employment, according to the suit. When he asked Vanguard's employee relations director, Steve McCord, what he had done to merit termination, "McCord responded only that Rothman 'broke policy.'"

Rothman followed up by email, asking for a copy of Vanguard policies that justified the immediate termination. McCord responded that Rothman's "'behavior was found to be in violation of Vanguard's Professional Conduct Policy and inconsistent with its Fair Treatment Policy,'" the suit explains.

McCord, however, refused to send a copy of either policy to Rothman or to allow the former Vanguard employee to see his personnel file, according to the lawsuit.

Rothman, who lives in Scottsdale, Arizona, had planned on working at Vanguard for another 10  years, even though his supervisor told others that the former analyst had left the company suddenly due to his retirement, according to the lawsuit.

"As it showed him the door after 17 years of outstanding work, Vanguard never consulted Rothman about using this cover story and never offered him the chance to take advantage of any retirement benefit," the suit says.

Rothman is seeking damages for economic losses and "emotional upset, humiliation and pain and suffering," among other compensation, the case document states, as well as for the court to declare Vanguard violated federal age-discrimination and civil rights laws.

The plaintiff isn't permitted to ask a jury to award a specific dollar amount for pain and suffering damages, his attorney Pierce explains: "With respect to economic losses such as back pay and front pay, we estimate that his compensation has been reduced by 50%, and those losses will exceed a million dollars."

(Image: Bloomberg)

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