Gender Discrimination Verdict Predictable



When a plaintiff is unable to connect with a jury, the outcome is not surprising.

Ellen Pao lost her gender discrimination case against one of the most verable venture capital firms in Silicon Valley: Kleiner Perkins, Caufield and Byers.

Juries are not comprised of multi-millionaires. Consequently, juries have little sympathy for a plaintiffs seeking millions of dollars in damages particularly when the plaintiff seems to be doing well professionally. The violation(s) must be so egregious that there is little doubt that there was a violation of the law.

Was there legal merit to Ellen’s case? Yes. Yet, she and her team were unable to sway the jury that the law was violated and she was due just compensation and damages..

Many believe that Ellen Pao’s case will make companies–many based in Silicon Valley–think more closely about gender discrimination. I hope they are right. Gender discrimination continues to be a real issue.

Photo Credit: David Yu on


Thought for the week:

I’m proud of Marc Benioff, CEO of, and the City of San Francisco for being amongst the first to take Indiana to task for their anti-LBGT law. Many others are following suit. Arkansas will apparently follow Indiana’s lead. May Arkansas, too, feel economic loss for what will ultimately be held to be an unconstitutional law just as Indiana’s law is unconstitutional. Why?The equal protection clause in the 14th Amendment to the U.S. Constitution will be the basis for striking down these laws. The clause, which took effect in 1868, provides that “no state shall deny to any person within its jurisdiction ‘the equal protection of the laws.’”
What do you think? I welcome your comments!

Dave Gardner, Gardner & Associates Consulting

© 2015 Gardner & Associates Consulting  All Rights Reserved

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