Labor Days
News and Analysis from Kelley Drye's Labor and Employment Practice
Subscribe to venture capital
The Day of the Woman – Maybe Not at Kleiner Perkins
By Barbara E. Hoey on March 12, 2015
On Monday, March 9, one day after we all celebrated International Women's Day, Ellen Pao, a Harvard-trained lawyer, took the stand in her sexual harassment trial against venture capital firm Kleiner Perkins in California. There are always two sides to every case, and Kleiner has just begun to cross examine Ms. Pao and offer its defense to her claims, so I do not profess to offer my views on which side is telling the truth. However, even before she testified, the evidence thus far has depicted an environment that – at least from what has been presented – was far from the model of the professional workplace.
First, there were alleged "slights" in the treatment of women at Kleiner. For example, women partners were not invited to an important client dinner with Vice President Al Gore and then were excluded from a company ski trip. One male partner asked two female junior partners to take notes at a meeting. The firm has explanations for all of these incidents, but women felt that they were being treated as second-class citizens.
Then there are the more significant "events" and incidents. It is undisputed that Ms. Pao had a consensual affair with a married partner. When that ended, the same partner appeared at the door of yet another female partner's hotel room in a bathrobe carrying a wine bottle. When that woman complained, a partner suggested she "did not want to go public" and that she should be "flattered" by his attention. When Ms. Pao tried to complain about the partner, senior partner John Doerr laughed it off, claiming the partner was a "sex addict."
Beyond these lurid incidents, the testimony also reveals a deeper possible double standard that the women like Ms. Pao had to endure. Ms. Pao's evaluations revealed sometimes contradictory advice and criticism. In some situations they were told to "speak up," while at other times they were told to be quiet.
When outside counsel (a male law firm partner) was finally brought in to investigate Ms. Pao's complaint, it is alleged that no one could locate a copy of the firm's harassment policy. When asked about Ms. Pao, Mr. Doerr told the investigator she had a "female chip on her shoulder." Once he made his report, Mr. Doerr did not have time to read it, so it was merely "summarized" for him. There are also now allegations from Ms. Pao that the outside counsel was biased, as he was trying to get hired by Kleiner for an in-house position.
Ultimately, Ms. Pao claims that she was terminated in retaliation for reporting this alleged harassment.
Again, the trial continues and the defense is now cross-examining Ms. Pao and putting some holes in her story, but many of the facts which have come out at the trial are disturbing.
So you may ask yourself what does this case have to do with my company?
Continue Reading The Day of the Woman – Maybe Not at Kleiner Perkins
RSS LinkedIn Twitter
The Labor Days blog provides commentary on the latest legal issues affecting employers, helping them manage their workforce and reduce risk.
BIPA
COVID-19 Employment and Workforce
COVID-19 Labor & Employment
Eleventh Circuit
FLSA
NLRB
Barbara E. HoeyPartner
Mark A. KonkelPartner
Matthew C. LuzadderPartner
Key Authors Show/Hide
Maria Biaggi
Kelley Drye
Alison Frimmel
Nicholas J. Kromka
Archives Select Month January 2023 December 2022 November 2022 October 2022 September 2022 July 2022 June 2022 May 2022 March 2022 February 2022 January 2022 December 2021 November 2021 October 2021 September 2021 August 2021 July 2021 June 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 September 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014
Kelley Drye's Labor and Employment attorneys have represented the interests of employers for more than 60 years. We appear on their behalf before federal, state and local agencies in matters involving traditional labor relations, wage and hour issues, employment contracts, wrongful discharge, harassment and hostile environment, and employment discrimination claims.
Kelley Drye Blogs
Ad Law Access
Bankruptcy Law Insights
CommLaw Monitor
Kelley Green Law
Trade and Manufacturing Monitor
Kelley Drye Resource Centers
Advertising and Privacy
COVID-19 Response Resource Center
Copyright © 2023, Kelley Drye & Warren LLP. This website contains attorney advertising. Prior results do not guarantee a similar outcome.