Federal jury awards $4.35 million to five former Rothman employees in sex discrimination case
The five women testified that their male boss made sexist comments, belittled and talked over them, and favored their male peers.
A federal jury recently awarded $4.35 million to five former employees of Rothman Orthopaedic Institute after finding they were fired in retaliation for complaining about workplace sex discrimination.
During a 10-day trial in U.S. District Court in Philadelphia last month, the five women testified that Rothman’s then-chief financial officer made inappropriate comments, belittled and talked over them, and favored their male peers.
One testified that the CFO remarked how good she looked in her clothes, making her uncomfortable, court transcripts show.
The women, who worked in the business side of the medical practice, were fired on the same day in 2021, about five months after they complained about their boss to Rothman’s human resources director.
The jury awarded a total of $1.85 million to the women for pain and suffering and an additional $2.5 million in punitive damages. The panel, made up of five women and three men, concluded that their civil rights were violated.
“These five women had a right to go to work every day free from sex discrimination,” their lawyer, Lane Schiff, told jurors during closing arguments on March 13. “They had a right to speak up when the CFO subjected them to it. And they had a right to be free from retaliation.”
Rothman’s lawyer, Gary M. Samms, said the practice had maintained a professional workplace and was likely to appeal.
“We are shocked by the verdict and strongly disagree with the outcome,” Samms said. “Throughout these proceedings, Rothman has maintained its actions were lawful, appropriate, and consistent with its policies and commitment to providing a professional workplace, and we are carefully evaluating all available appeal options.”
Concerns about gender bias at Rothman were previously raised over how its all-male leadership at the time handled claims of rape involving a female medical resident and a man who was then a Rothman surgeon.
Fired women bring lawsuit
The five plaintiffs in the recent sex discrimination lawsuit — Debbie Aleardi, Natalie Petrongola, Stephanie Randall, Heather McQuilkin, and Nicole Deusinger — said their problems began after Rothman hired a new chief financial officer in 2019.
They complained in February 2021 that Sean Porrini, their top supervisor, insulted, disrespected, and intimidated them.
Porrini declined to comment on Tuesday.
At trial, Rothman’s lawyer, Samms, told jurors the women’s accusations were false and Porrini “did nothing wrong.”
Prior to Porrini’s hiring, the women said they had received good performance reviews, bonuses, and promotions over their combined 73 years of employment.
According to court records, Rothman’s director of human resources investigated the women’s joint complaint and found that Porrini acted unprofessionally, particularly to Deusinger by commenting on her appearance.
Porrini received coaching to improve his communication and leadership skills. During the trial, Porrini testified that he felt humiliated, upset, and concerned about the women’s complaints, which he said were not true, court transcripts show.
He testified that the women were unwilling to embrace new technology to make billing and revenue collection more efficient and got offended when he tried to make the business office more professional.
“The objections and pushback were constant,” Porrini testified. “I don’t believe they were malicious. I believe they were fueled by anxiety and exposure that they really didn’t know how to run a revenue cycle shop other than what they were taught at Rothman.”
Porrini testified that he praised Deusinger’s clothing because he thought she was the only one of the five who often dressed in professional attire.
In March 2021, about a month after the women complained, Porrini hired a new vice president to oversee Rothman’s revenue cycle and supervise the women. At the time, Rothman’s senior leadership was all male, and Porrini said he picked a qualified female candidate over an equally qualified male one, saying she was a better fit, according to his testimony.
Under Porrini’s direction, Rothman also brought in an outside consultant to evaluate workflow in the business office.
In late June 2021, the consultant issued a report finding that the women were resistant to change and hindering progress. A few weeks later, all five women were fired.
The women filed a civil lawsuit against Rothman in federal court in 2023. Porrini, who has since left Rothman, was not named as a defendant in the lawsuit, but the complaint identified him as the source of their workplace issues.
During last month’s trial, Schiff, the women’s lawyer, argued that the consultant’s report was a “hit job” and a “cover-up,” orchestrated by Porrini.
“These five women worked with a sexist man who treated them differently and worse than male employees,” Schiff told jurors. “And when these five employees had the courage to complain about him, the company for which they had given so much of their professional lives turned on them.”
`Their own little fiefdom’
Samms, the lawyer for Rothman, told jurors the women complained after learning that Porrini had hired an outside candidate for the vice president’s job and not their preferred internal candidate.
“They loved the fact that they had their own little fiefdom, and they wanted to continue to do things the way they had always done them,” Samms said in his closing argument.
“This is not a complaint about sex,” Samms said. “They didn’t want to move forward. They didn’t like Mr. Porrini. And, in fact, they didn’t like being questioned at all.”
In addition to the jury’s award, the women are seeking more than $1 million in economic loss damages and attorneys’ fees. U.S. District Judge Joel H. Slomsky will determine any amount at a future hearing.