All Eyes on Pao v. Kleiner et al in California Labor Lawsuit

Sacramento, CA One would think that in this day and age the equality gap in terms of remuneration, opportunity and civil deportment between the sexes would be continuing to narrow. Many would go so far as to suggest that any inequality, of any degree and depth, has no place in modern society. Sadly, that does not appear to be the case. Even basic labor and discrimination tenets governed by California labor law continue to be challenged in the workplace through misplaced and sometimes juvenile behaviors.

A California labor lawsuit that has been grabbing headlines of late surrounds a former employee of a top venture capital firm. According to a summary published in The New York Times Magazine (2/25/15), Ellen Pao alleges that her former employer, Kleiner Perkins Caufield & Byers, allowed for discrimination following the end of a relationship with a co-worker.

According to the California labor code lawsuit, Pao alleges that she was pressured into having an affair with a married colleague at the firm. After breaking off the relationship, the plaintiff claims discrimination and retaliation that affected her career. Specifically, Pao suggests that colleagues excluded her from important meetings and e-mail discussions on issues important to her work performance.

The bigger issue that has onlookers and industry watchers buzzing is the suggestion by Pao that the company maintains and allows for an atmosphere of male entitlement, to the detriment of female partners.

The defendant shot back that Pao, in its view, lacked “the ability to lead others, build consensus and be a team player,” attributes the defendant claims are needed for success in the venture capital sector. The defendant also claimed that Pao received bad performance reviews.

Pao alleges her performance was adversely affected by the atmosphere of male entitlement and discrimination, which remains an affront to California and labor law.

Anonymous respondents speaking with The New York Times Magazine suggested that the workplace atmosphere is 100 percent different for men than women, with women complaining that “you can’t take for granted you’ll be taken seriously,” said one. Studies suggest that women make up just 19 percent of angel investors and 6 percent of partners at venture capital firms. This is down from 10 percent in 1999.

California labor employment law carries various tenets, statutes and regulations designed to shield workers of either gender from unwanted or unfair discrimination.

Pao is currently the interim chief executive of Reddit.

The case is Ellen Pao v. Kleiner Perkins Caufield & Byers LLC, Case No. A136090, In the Court of Appeals of California, First District, Division Five.