James A. Byrne U.S. Courthouse in Philadelphia
PHILADELPHIA – Discrimination and retaliation claims made by a former paralegal at a prominent Philadelphia plaintiffs firm have been thrown out by a federal judge.
Judge Mary Kay Costello issued a ruling Tuesday that dismisses all arguments made by Yanez Perez against Saltz, Mongeluzzi & Bendesky except for constructive discharge, lowering the value of a case that alleged a hostile work environment.
Perez sued the personal injury firm in April 2025 in Philadelphia federal court, alleging she was forced to quit after a short tenure littered with racism and hostility that led to a severe anxiety attack.
But Saltz Mongeluzzi said last year her complaint merely alleges offhand comments that do not rise to the standard for a hostile work environment claim, plus she never experienced an adverse employment action by the firm and quit on her own during a firm-approved leave of absence.
“Certainly, Plaintiff was subjectively offended,” Costello wrote. “However, under the totality of the circumstances, her complaint fails to raise a reasonable expectation that discovery will reveal objectively severe or pervasive conduct.”
Perez, an Afro-Latina, started at the firm on Aug. 8, 2022, as a paralegal and after only three months says she was subjected to a vulgar comment about having a daughter in the future. She reported it to HR and the file clerk was fired.
She says an IT analyst the same day mocked her by making finger guns and saying, "You're getting people fired around here." The same man later made fun of her hair, the suit says, saying it looks like "she stuck her finger in a socket."
In a conversation about a sports draft, he then allegedly told her "you people always get drafted first" and later commented on what he called "stripper shoes." It is also alleged he called her a “monkey.”
In November 2022, the man allegedly altered a self-affirmation note to say Perez is "not awesome" and put a steak knife next to the note. She never reported the alleged harassment, and the man was eventually transferred to a different floor.
But in May 2023, Perez's supervisor started showing an unwelcome interest in her personal life, the suit says, eventually leading to text messages and a pushy invite to an event at a winery.
Perez believed the invite, "in addition to her comments about her physical appearance were intended to determine her interest in a romantic and/or sexual relationship." She reported it to HR in June 2023.
A month later during an HR meeting, it was revealed someone had alleged Perez and her managing attorney were romantically involved. That attorney had denied the allegations.
A week later, an email from a fellow paralegal accused Perez of throwing "others under the bus." She says she suffered a "severe anxiety attack" and sought FMLA leave for treatment.
The firm approved the FMLA leave but Perez said she couldn't return to the office and resigned on Oct. 25, 2023.
Costello agreed with Saltz Mongeluzzi’s argument that Perez’s race-based claims like being called a "monkey" must be tossed because they were filed after the two-year statute of limitations. The same was true for her sexual harassment claims.
The ruling cites Third Circuit instruction that constructive discharge claims shouldn’t be resolved on a motion to dismiss, and Costello has “alleged enough for her constructive discharge claim to proceed to discovery.”
