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Ellen Pao Dealt Another Blow in Her Sex Discrimination Case

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Ellen Pao Dealt Another Blow in Her Sex Discrimination Case

The still ongoing case of Ellen Pao continues its circuitous route through the legal system as Ms. Pao was ordered to pay $276,000 in legal costs after her failed case against a former employer. The case lodged by the plaintiff centered around her belief that she was held back from being promoted at the San Francisco-based venture capital firm for which she worked because she was female. Ms. Pao requested $16 million in damages from her former employer, Kleiner Perkins Caufield & Byers. The jury denied her request.

Following the decision, Ms. Pao asked for $2.7 million from the company in exchange for her not appealing the jury decision. In addition, she wanted the company to compensate her for legal fees she incurred during the case. The company said no to her requests, but did offer to waive approximately $1 million that they asked that she pay for the expert witnesses that they had to hire to defend the lawsuit. After the back and forth, Ms. Pao moved forward with her appeal.

In this new ruling, the judge has ordered Ms. Pao to pay the aforementioned $276,000 for her former company’s legal fees. Although the company had costs of $865,000, the amount was reduced. The judge, San Francisco Superior Court Judge Harold Kahn, decided that the offer the company made to settle the dispute – $1 million – was made in good faith and not to simply make the case and Ms. Pao go away. Because of that, the firm has the right to a recovery of some of what they paid in defending the case. Ms. Pao has since moved on to become the interim CEO of Reddit.

While this case took place in California and has been tried in the media with advocates for both side saying their piece, the issues that were litigated are still serious and should be examined on their own without thinking about this particular case and its derivatives. Knowing the criteria to file a discrimination lawsuit is important when there is a belief that any form of discrimination is taking place.

Discrimination can occur when looking for a job or being provided services from New York State agencies. Simply put, discrimination is when you are treated in a different manner because of gender, age, disability, religion, national origin, sexual orientation and for numerous other reasons. Included in this is not being promoted when one believes it was deserved as in Ms. Pao’s claim.

Whatever the reason for discrimination, it must be remembered that laws are in place to protect workers. That Ms. Pao’s case was unsuccessful does not mean that other cases are not perfectly viable and will result in a successful resolution. Those who believe that they have been denied a job or refused a promotion because of their gender or other reasons that are based in discrimination should discuss their case with an attorney experienced in a wide variety of employment-based legal circumstances to know whether or not they have the basis for a legal filing.

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