Case details

Plaintiff not promoted due to her conflicts with coworkers: firm

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
FACTS
In 2006, plaintiff Ellen Pao, the chief of staff for a managing partner at the venture capital firm of Kleiner Perkins Caulfield & Byers, LLC, told a junior partner that she would no longer have a personal relationship with him. She claimed that, thereafter, the junior partner began a campaign of retaliation against her that ultimately resulted in her terminated in October 2012. Pao sued Kleiner Perkins Caulfield & Byers. Pao alleged that the defendant’s failure to promote her constituted gender discrimination that the defendant retaliated against her by wrongfully terminating her. She also alleged that Kleiner Perkins failed to take all reasonable steps to prevent discrimination from occurring. Pao stated that she was hired in June 2005 and worked as chief of staff for John Doerr, a managing partner at the firm. However, she contended that when she told a junior partner that she would no longer have a personal relationship with him, he began a campaign of retaliation against her. Pao claimed she was excluded from business meetings, removed from email discussions, and not informed of information that was required for her position. She also claimed that in 2007, she received a book of erotic poetry with an invitation to a Saturday night dinner from a married partner and that she considered the book and invitation inappropriate. According to Pao, she reported the junior partner’s sexual harassment and retaliatory behavior to two managing partners, and alleged a series of complaints. She also allegedly told Doerr about the retaliatory behavior, as well as about the erotic poetry book and dinner invitation, and requested that the firm provide sexual harassment training. However, Pao claimed that she continued to receive retaliatory performance reviews and that, in early 2011, she was excluded from an all-male dinner at the home of Vice President Al Gore because she would “kill the buzz.” In addition, Pao claimed that she was asked to take notes like a secretary at a meeting and that she was subjected to talk about pornography aboard a private plane. Plaintiff’s counsel contended that Pao formally complained in writing about the gender discrimination on Jan. 4, 2012. Counsel also contended that after filing the complaint, Pao was denied a promotion to Senior Partner and was not made a General Partner of KPCB Fund XV. Plaintiff’s counsel argued that the three men who were promoted had less qualification, tenure and results than Pao or another woman at the firm. Thus, counsel argued that the promotion of the three men constituted gender discrimination. In addition, plaintiff’s counsel contended that Pao initially filed the lawsuit on May 10, 2012, and that Pao was eventually fired in October 2012. Kleiner Perkins contended that the affair between Pao and the junior partner was consensual and that there was no discrimination. It also adamantly denied that Pao, at any time, asked for harassment training or produced evidence that the book of poetry had been given to her by someone affiliated with the firm. Kleiner Perkins further contended that Pao did not succeed at the firm because she lacked leadership abilities and had a series of significant conflicts with several colleagues, which included Pao insisting on having other junior partners terminated. In addition, Kleiner Perkins argued that Pao only raised complaints after receiving a series of negative performance reviews., Pao sought recovery of compensatory damages, including wage loss, in the amount of $16 million. Kleiner Perkins disputed Pao’s alleged damages. It contended that Pao received a six-month transition package, which paid Pao full wages and benefits for six months without asking for a release of her claims. It also contended that Pao is now the interim Chief Executive Officer of Reddit.
COURT
Superior Court of San Francisco County, San Francisco, CA

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