Tampa law firm demotes partner
Holland & Knight quells the controversy caused by the promotion of a man accused of harassment. "A prudent move," says an observer.
By KRIS HUNDLEY and SCOTT BARANCIK
Published March 31, 2005
Buffeted by internal unrest as well as negative publicity, Holland & Knight on Wednesday reversed the promotion of a Tampa partner recently reprimanded for sexual harassment.
Douglas A. Wright, 44, agreed to step aside immediately as chief operating partner of the 1,250-member law firm, less than two weeks after being appointed to the No. 3 position.
In a message sent to Holland's 32 offices worldwide shortly before 5 p.m., managing partner Howell Melton said Wright would leave the executive post and return to his former role as a partner in the business law section of the Tampa office.
"Doug and I agreed that this decision is in the best interest of our firm," Melton said, citing recent news stories about the promotion.
Tallahassee-based partner Martha Barnett, the firm's highest-ranking woman, declined to comment directly on the Wright investigation, but acknowledged media coverage about the firm's handling of his case had caused some embarrassment.
"Particularly for an institution that views diversity and equality as a core value of our law firm," said Barnett, who chairs the firm's directors' committee. "When a story like that appears, the normal reaction is to be concerned, disturbed and try to respond to it in an appropriate way. No one liked it."
Melton's announcement Wednesday afternoon struck a sharp contrast to the firm's initial response after confidential documents about the investigation into Wright's behavior leaked to the press Monday. At first, Holland focused on the breach of confidentiality in having the documents made public, saying it "recklessly and unfairly impugns the reputation of one of the firm's finest partners."
On Wednesday, Melton's tone changed considerably in addressing employees. "I want to assure you that I and the firm's leadership appreciate the seriousness of this matter."
Neither Melton nor Wright would comment on Wednesday's sudden executive shuffle. Company officials would not say whether Wright's demotion includes a pay cut or whether he will retain any supervisory duties.
Earlier this week, Wright, who has been with Holland since 1987, played down the importance of his new title, saying he had performed many of the same duties previously as business and operations partner.
But Wright's promotion in mid-March to a post where he had direct oversight of several departments, including human resources, stunned a number of female Holland employees who complained last year that he constantly made inappropriate comments about their sex lives and clothing and would bully them into feeling his "pipes," or biceps.
Wright has denied discussing sex with colleagues and said he considered asking people to feel his muscles an "icebreaker."
An internal investigation of the women's allegations found Wright's behavior violated the firm's sexual harassment policy. The investigating committee recommended a number of disciplinary actions, including reducing Wright's responsibilities.
But Melton, the managing partner, never spoke to any of the women about their complaints prior to deciding to impose only some of the committee's recommendations. Though Melton said in a July memo that he found Wright's behavior "inappropriate and unacceptable," he deemed the case closed in September after giving Wright a "private reprimand."
Six months later, Melton proudly announced Wright's promotion to chief operating partner.
None of the women who complained about Wright's behavior was willing to comment on his demotion Wednesday. Three of the women are still employed at Holland; one has her own practice in Tampa.
But Judy Ellis, who was a legal assistant at Holland for eight years before leaving in 2001, called the firm's reconsideration of Wright's position "entirely appropriate."
Ellis, who said she was 52 when she left Holland, viewed Wright's behavior not as sexual harassment "as much as pure crassness. Insensitivity, if you will."
Of his demotion, she said, "This action puts the firm back where it needs to be, it restores confidence."
That reaction was shared by Deborah Rhode, a Stanford law professor who wrote a 2003 pamphlet for the American Bar Association on sexual harassment in the legal profession.
"This was certainly, from a public relations standpoint, a prudent move," said Rhode, who had worked with Holland's Barnett when Barnett was president of the ABA. "Would that they would have come to this view without the publicity which presumably encouraged it."
Barnett said Wednesday's announcement is a reaffirmation of the firm's longstanding commitment to providing a good working environment for all its employees.
"That doesn't mean everything will turn out the way you might want it to all the time," said Barnett, who has been with Holland for more than 30 years and works in the firm's Tallahassee office. "But the firm has not deviated one minute from a (sexual harassment) policy that has been in effect as long as I remember."
Despite Holland's decision Wednesday, some partners vigorously defended Wright, including those who reportedly circulated a petition on his behalf just hours prior to news of his demotion.
Holland veteran Mike Jamieson, who left the firm just before the controversy emerged, defended Wright, whom he called a victim of "political correctness."
"We worked closely together when I was the (business) department chair, and I never saw him do anything discriminatory," said Jamieson, whose 40-year career at Holland ended this month when he took a nonpartner slot at rival Foley & Lardner. "He is a kidder, and that entails risks. I think he was misunderstood. But he was and is one of the most thoughtful partners in the office, in terms of new births and family illness and deaths and birthdays. So I just am kind of mystified. I think the allegations are scurrilous."
Jamieson acknowledged that he had not seen the report of the investigating committee, or the statements made by Wright's accusers. But he hopes the person who leaked them is found and punished. "It certainly was a breach of people's obligation to the firm."
Whether Wednesday's shakeup will satisfy Wright's accusers is unclear.
In an Aug. 2, 2004 e-mail to Melton, shortly after learning he would be reprimanding Wright but not curtailing his responsibilities, four of the women called the conclusion of the case "unacceptable."
"The morale among associates in the Tampa office continues to be extremely low. . . . The message that you have sent us . . . is that cruel behavior is tolerated, so long as the perpetrator is in a position of power."
"We hope that you communicate the (investigating committee's) findings to leaders within the Tampa office to ensure that this never happens again," the memo concluded.
Though Melton may be under fire for going easy on an accused sexual harasser, his father is considered something of a hero in feminist circles for his role in discouraging workplace harassment.
In the 1991 case Robinson vs. Jacksonville Shipyards Inc., U.S. District Judge Howell W. Melton broke new legal ground when he ruled in favor of plaintiff Lois Robinson, arguing that photos of nude women posted by her colleagues at the shipyard were part of a pattern of behavior that could deter women from seeking work there and constituted sexual harassment.
Judge Melton ordered the shipyard to institute a revised sexual harassment policy drafted by the NOW Legal Defense and Education Fund.
Times researcher Kitty Bennett contributed to this report. Kris Hundley can be reached at hundley@sptimes.com or 727 892-2996. Scott Barancik can be reached at barancik@sptimes.com or (727) 893-8751.
INTERNAL MEMOSent by Howell Melton Jr., Holland and Knight's managing partner, about 4:30 p.m. Wednesday:
Many of you are aware of recent news stories published in Florida and elsewhere concerning a sensitive internal matter involving our Tampa office. I fully understand and appreciate that these stories have caused concern inside our firm and have had a negative impact on Holland & Knight's public image as well.
I want to assure you that I and the firm's leadership appreciate the seriousness of this matter. In that context, Doug Wright today stepped aside as chief operating partner of the firm. Doug will remain a partner in the Business Law section of our Tampa office. Doug and I agreed that this decision is in the best interest of our firm.
I want to make it absolutely clear that I and our firm remain committed to fostering a work environment in which all individuals are treated with dignity and respect. I am proud of our record in promoting diversity, including the recruitment and advancement of women at all levels at Holland & Knight. This is an ongoing process that involves all of us working together for the benefit of our firm and all who work here.
We have dealt with difficult issues in the past and each time our firm has emerged stronger. I am confident that the same will be true today and in the future.
Thank you for your continuing commitment to Holland & Knight and to providing superior legal services to our clients.