In the months after a jury ruled in March that Kleiner Perkins Caufield Byers did not discriminate against onetime partner Ellen Pao on the basis of gender, it seemed that Pao would seek an appeal. But now, she writes on Re/code, she wont' be doing that, since "seeking justice in the courts has been painful for me personally and professionally, and for my family."
Pao has instead agreed to pay the Silicon Valley venture capital firm's legal costs ordered by the judge in the case, a total of $275,966, but not the $1 million or so Kleiner Perkins actually spent and initially insisted on.
Pao —who notes that “settlement might have provided me with financial benefits, but only at the great cost of silence" and says "I refuse to be silent on these important issues” — further writes:
Since bringing my case, I discovered that the court system today is not well-designed to address these issues, either. First, to win in California court, discrimination has to be intentional and a substantial motivating factor for different treatment. This standard is vague and hard to prove; there could also be other factors like racial or age discrimination, personal animus or unconscious biases. These all add up to excuses that can prevent a finding of discrimination or retaliation. Second, harassment and discrimination claims have to be filed within one year under California law. Contrast that with three years for property damage claims and four years for breach of contract claims.
Pao also remarks on the incredible disparity in resources between her legal team and Kleiner Perkins. For example, they simply had three times her legal staff.
Even the courts do not provide a level playing field, and it is hard to afford justice. I hope future cases prove me wrong and show that our community and our jurists have now developed a better understanding of how discrimination works in real life, in the tech world, in the press and in the courts.
Pao ends her explanation with a bit of a plea:
I have a request for all companies: Please don’t try to silence employees who raise discrimination and harassment concerns. Instead allow balanced and complete perspectives to come out publicly so we can all learn and improve. I and many others are eager to hear more stories being shared by women and minorities. I turned down offers to settle so I can keep telling mine. We need to keep telling our stories and educating people on how it can be that women and minorities form such a small fraction of our investor base, our tech workforce and our leadership.
Most recently, Pao powerful expressed her thoughts in the Washington Post on leaving her post as CEO of Reddit and rooting for positivity in the face of trolling.
Related: Kleiner Perkins Did Not Discriminate Against Ellen Pao Based On Gender, SF Jury Finds