Carson Group responded Thursday to a lawsuit by former Chief Marketing Officer Mary Kate Gulick, defending itself against allegations that the firm fired her after she complained about its "toxic" culture and handling of an alleged sexual assault of a conference attendee by an employee.
The firm denied that it unlawfully discriminated and retaliated against Gulick and wrongfully fired her in violation of various federal and state laws. But it also admitted to certain facts outlined in Gulick's lawsuit, while disputing many of the key allegations made in the case.
Among specific points, Carson denied that its executives subjected Gulick to demeaning comments about her inability to "get over" a Carson employee's alleged sexual assault of an attendee at a 2022 conference, and that it fired her because she didn't seem happy or to be "having fun."
Carson also denied that the former CMO's sex was a motivating factor in her firing and that she was subjected to discrimination and escalating harassment.
In addition, the firm denied Gulick's contentions that she has suffered damages, including mental and emotional distress, fear, anguish, humiliation, embarrassment, lost enjoyment of life and lost earnings due to its actions — and that she was fired for her disability.
Carson contends it's not responsible for damages because it didn't act with malice, intent, willfulness or reckless indifference to Gulick's rights, and because its alleged conduct "was not outrageous," its response says. The firm asked the judge to dismiss the complaint.
"We were not surprised by Carson Group's answer," Omaha attorney Tom Freeman, who represents Gulick in the case, told ThinkAdvisor by email. "Mary Kate has spent her career advocating for women in finance. We feel honored to fight alongside her in this lawsuit against Carson Group. As this is pending litigation, we feel further comment would be inappropriate at this time."
What follows are summaries of some key issues and events tied to the reported sexual assault, as well as to Gulick's career at the firm, which Carson Group discusses in its answer to the complaint.
The Alleged Sexual Assault
In late 2022, when Gulick represented Carson Group at an industry conference, which appears to be Carson Excell, she alleges that an employee of Carson Group sexually assaulted an attendee.
Carson Group admits in its response that "an attendee at the conference alleged unwelcome/non-consensual sexual conduct with a Carson non-managerial employee (who denied the accusation)."
The firm also says that Gulick, who had a leadership role in organizing the conference, "was initially made aware" of the allegations by a Carson executive.
Later, Gulick called Kelsey Ruwe, Carson Group's then-chief of staff and human resources leader, to inform her of the alleged sexual assault. A week after the conference, Gulick was told that an investigation "was ongoing and that it would be handled consistent with [the firm's] written policies," Carson Group's response states.
In early November 2022, Gulick asserts that she met with Ruwe, who told her "she disagreed with the decision Carson Group had made not to fire the alleged assailant, but as the decision had been made by Ron Carson himself, she had to support it."
