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11/04/2024 10:27:54 pm

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Ellen Pao Loses Gender Discrimination Case vs Silicon Valley … In High Drama

Ellen Pao

(Photo : Reuters) Ellen Pao speaks to the media after losing her high profile gender discrimination lawsuit against venture capital firm Kleiner, Perkins, Caufield and Byers in San Francisco, California March 27, 2015. REUTERS/Beck Diefenbach

Ex-Kleiner Perkins Caufield & Byers junior partner Ellen Pao lost on Friday the sex discrimination case she filed against her former employer. But the San Francisco Superior Court had its moments of drama as one of the jurors changed his mind while on the way to the courtroom.

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CNET reports that for the $16 million lawsuit of Pao, all of the four claims must get at least 9 out of 12 votes among the six male and six female jurors. In most of the claims, it was 10-2, in favor of Kleiner, however, for the claim that Pao's complaint of unequal treatment due to her being female which led her to file a complaint, only eight jurors voted "no," because one of the jurors changed his mind.

The situation resulted in Judge Harold Kahn ordering the jurors deliberate again. It took them two hours of deliberation to finally decide that Pao lost on all four counts.

However, not all the jurors thought the same. While Steve Sammut pointed out that it was Pao's reviews at Kleiner that deteriorated over time that held her back, Marshalette Ramey said male colleagues who had the same character flaws were still promoted to senior partner.

While the final decision confirmed zero loss record of Kleiner Perkins lawyer Lynne Hermle, it was not a total loss for Pao because the legal challenge gave the jurors and the public at what goes on in the law firm such as Pao being asked to sit at the back, her not being invited to a ski trip and alleged bypasses in promotion because of her gender.

The New York Times described the case as mesmerizing Silicon Valley with salacious details but at the same time highlighted the lack of diversity in the technology industry.

Jason Knott, a civil litigator with Zuckerman Spaeder law firm, said the case is a signal for employers to be more careful and vigilant in not allowing gender bias to enter into their decision-making.

Pao, who said she will now focus on her jobs as interim CEO of Reddit, said, "If I've helped to level the playing field for women and minorities in venture capital, then the battle was worth it."

Stanford University law professor Deborah Rhode adds, "The case sends a powerful signal to Silicon Valley in general and the venture capital industry in particular .... Defendants who win in court sometimes lose in the world outside it."


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