Search Results for ‘ellen pao’

Ellen Pao and the tech diversity sector

The Silicon Valley figure, known for an unsuccessful sex discrimination suit against Kleiner Perkins, basks in largely favorable press as well as the praise of figures like Hillary Clinton and Sheryl Sandburg. Naomi Schaefer Riley, however, takes a contrary view [Commentary, I’m quoted] Even as Pao writes pieces in the popular press encouraging techies to turn their discontents into legal claims against their employers, she urges the services of her Project Include on the same employers:

Much of the evidence suggests that sensitivity training does little good. And in some cases, talking to employees about negative stereotyping of women or racial minorities might actually spur employees to think negatively about their colleagues in ways they hadn’t considered before.

Which brings us back to the threat of litigation. Thanks to Pao’s case, companies are not only quivering over multimillion-dollar lawsuits, they are also considering ways to mitigate the possibility. And that means working with people like Pao to provide cover. While they may not be able to, or even care to, control the behavior of individual employees, they’d at least like to avoid the accusation of a “hostile workplace,” which could cost considerably more in court. Working with Pao and her colleagues won’t automatically ensure that lawsuits against them get thrown out, but signing on to Project Include will go a long way toward protecting them.

Jury rules against Ellen Pao; fees fail to shift

A San Francisco jury has found no improper gender discrimination or retaliation by Kleiner Perkins and returned a defense verdict in Ellen Pao’s high-profile lawsuit [Mashable, Roger Parloff/Fortune (noting judge’s evidentiary rulings favorable to Pao)] Pao’s “lawyers also missed out on a payday that could have reached into the millions of dollars.” In particular, “had Pao won on any of her claims, under California law her legal team, led by longtime San Francisco employment lawyers Alan Exelrod and Therese Lawless, could have sought all its fees from Kleiner.” [Reuters] One-way fee-shifting rules like those in discrimination law, especially with the further “win on any claim, collect all legal fees including those spent pursuing losing claims” refinement, diverge sharply from the principles of two-way loser pays followed in other advanced nations, but have the result (and the intent) of strongly incentivizing speculative litigation. The only real way to go further would be to order defendants to pay both sides’ fees even when the defendants win outright, as Kleiner did; but as of yet even California law does not go that far.

P.S. Apparently even a lost case counts as valuable promotion for the California plaintiff’s employment bar [Margaret Cronin Fisk, Bloomberg, auto-plays]

Labor and employment roundup

  • The Bernie-Sanders-ized Democratic Party: $15/hour minimum for tipped workers now a platform plank [Evan McMorris-Santoro, BuzzFeed]
  • Austin’s new ban on unlicensed household hauling will hurt informal laborers without helping homeowners [Chuck DeVore]
  • Ellen Pao drops suit against Kleiner Perkins, complaining that California job-bias law, often considered among the nation’s most pro-plaintiff, is against her [ArsTechnica, earlier]
  • “Court of Appeals Reverses Board Decision Allowing Employees to Wear ‘Inmate,’ ‘Prisoner’ Shirts in Customer Homes” [Seth Borden, McGuireWoods]
  • “New Jersey’s Supreme Court has dramatically expanded the state’s whistleblower law… the Court’s decision confirms that CEPA likely is the most far-reaching whistleblowing statute in the U.S.” [New Jersey Civil Justice Association, more, Ford Harrison]
  • In NLRB-land, an employee can act all by himself and it will still be “concerted” action protected as such under the NLRA [Jon Hyman]
  • New York City government to invest in hiring halls for day laborers [New York Daily News]

Executive suites and social justice at the NYT, one draft at a time

Get me rewrite! The New York Times’s initial story on the departure of interim chief executive Ellen Pao from social media community Reddit lacked egregious bias, so the paper went back to insert some. (More: Twitchy, citing my Twitter contribution.) Amid widespread mockery of the second version’s opinionated tone, the paper then published yet a third version pulling back from some of its friskier social justice pronouncements. Pao, as readers may recall, was the plaintiff in an earlier Silicon Valley suit over alleged gender discrimination and retaliation, a suit that failed before a jury but drew much favorable coverage along the way in the NYT and elsewhere.

Post-trial maneuvering in a discrimination verdict

In March a San Francisco jury returned a defense verdict in Ellen Pao’s widely publicized sex discrimination suit against Kleiner Perkins. As so often when a lawsuit story sounds over, however, that’s been just the prelude to further wrangling over a possible settlement: Kleiner says Pao has demanded $2.7 million in exchange for not pursuing an appeal, while Kleiner, citing a spurned pre-trial offer that it says triggers the operation of California’s offer-of-settlement law, has asked a court to order Pao to pay nearly $1 million in expert witness fees and other costs. Davey Alba at Wired reports and quotes me on several aspects.

Last week CBS radio quoted me on another high-profile discrimination suit, EEOC v. Abercrombie & Fitch Stores LLC, the headscarf accommodation case: