March 27, 2015
On March 27, 2015, after a month of trial testimony
and three days of deliberations, a California Superior Court jury found that
Plaintiff Ellen Pao had not been discriminated against by venture
capital firm Defendant Kleiner Perkins Caufield & Byers. Early evening reports were that the jury was at 8 to 4 on similarly dismissing claims of retaliation -- but at least 9 jurors were required and the judge sent the panel back for further deliberations. Upon the jury's return, they also acquitted by 9 to 3 on the retaliation claims. Pao's three-year lawsuit seeking $16 million in lost wages was rebuffed at the trial stage.
On the heels of the
just-announced verdict, I've seen the headlines and snarky
commentaries. Depending upon the viewpoint and perspective, this is a dramatic
victory or a disgraceful loss. Pao is either depicted in prose that would best
serve as a hagiography or has been reduced to the role of a disgruntled former
employee and scorned woman. Similar
childish and simplistic renderings of this lawsuit would suggest that Silicon
Valley has emerged largely vindicated or that industry is vilified beyond
recovery. On and on it goes with references
to Asians, to men, to women, to white and/or old boys' clubs, and, well, you know, it is all
part of the same lazy journalism, blogging, and tweeting that now serves the
role of what we once called
"news reporting."
I'm not going to add to the
circus. In that spirit, I will not burden you
with my opinions as to the merits and outcome of Pao v. Kleiner
Perkins. What I will note and ask that
you consider is that a jury of men and women sat in a San Francisco courtroom,
listened to the evidence, and discharged their respective duties. The verdict against Pao may be over-turned by the judge or on appeal. It may stand. Like it or not. Respect it or not. I leave that to you.
For those of you truly
interested in understanding the issues in dispute, the BrokeAndBroker.com Blog
offers in unedited full-text, Pao's original and amended Complaints and Kleiner
Perkins' Answers: