A Manhattan judge tossed a gender discrimination case by female trainees at Merrill Lynch who claimed they were instructed by a boss to learn from the author of a book called "Seducing the Boys Club: Uncensored Tactics From a Woman at the Top."
Seducing the Boys Club by Nina DiSesa
Justice Cynthia Kern ruled that while the book — which, according to the suit, advocates stroking "men's egos with flattery and manipulation in order to succeed in a male-dominated environment" — was indeed "validly assailed as inappropriate," it had nothing to do with the three women being fired in 2009.
Instead, Kern said Merrill's defense showed that Sara Hunter Hudson, Julia Kuo and Catherine Wharton were simply underachievers who didn't meet computer-generated performance goals.
Kern noted that the branch manager who invited author Nina DiSesa — anointed by Forbes as one of the 50 most powerful women in American business for her role as the first female chairwoman of marketing firm McCann Erickson — to speak at the office was later fired. "Boys Club" encourages women to act like a "little sister or a den mother" at work.
The would-be wealth management advisers "considered the message of the book to be highly offensive," they say in their 2013 bias suit for unspecified damages.
Merrill, which was acquired by Bank of America in 2008, claims the women never made complaints to human resources at the flagship Manhattan office about the allegedly offensive presentation.
In her 19-page ruling released Thursday, Kern noted that Hudson, who had worked in the financial services industry since the 1980s, was "terminated because she failed, more than 50 percent of the time, to meet her performance hurdles."
Similarly, Wharton, a former Deloitte Consulting analyst, bombed 10 of 12 achievement tests, Kern said.
"It is undisputed that a computer, and not a Merrill Lynch employee, targeted Ms. Wharton and other underperforming trainees for termination and that the computer did so based on statistical performance metrics," Kern wrote.
Neither reps for the trainees nor Merrill Lynch immediately returned requests for comment.
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