Big Guys Beat Pao Down

Ellen Pao is not going to pursue an appeal.  In a case that has captivated audiences well beyond the tech industry, Pao filed suit in 2012 against the storied Silicon Valley venture capital firm, where she had been a junior partner. Had the jury found in her favor, she could have won as much as $160 million. Through 24 grueling days in a downtown San Francisco courthouse, she exposed stories of all-male company ski trips and sexual harassment of another partner at the firm.

She also brought up smaller slights: Double standards in how aggressive women are allowed to be and how their success in investments translates into promotions.

Kleiner Perkins came back with a brutal, and ultimately successful, attack on her performance and personality, which they said was just not right for “Team KP.”

While Pao’s story may have helped provoke a broader conversation about gender imbalance and bias outside of the courtroom, in court she lost on all counts.

Ellen Pao’s statement on her decision:

I have decided to end my lawsuit against Kleiner Perkins.

I feel gratified that my actions have encouraged others to speak up about discrimination in venture capital and technology more broadly. I am encouraged that companies are taking more action to quantify and address the disparity of opportunities for women and minorities.

To resolve the lawsuit, I will pay Kleiner Perkins for its legal costs as awarded by the court, although I firmly believe people who bring employment discrimination claims in good faith should not be forced to pay their employer’s legal bills. I will also drop my appeal, since I cannot afford the risk of even more costs to fight against a firm with tremendous financial resources and massive legal and PR armies.

To be clear, Kleiner and I have not reached any agreement to settle this matter. Settlement might have provided me with financial benefits, but only at the great cost of silence. To quote their lawyer, “KP is not interested in a settlement without a non disparagement provision,” meaning I would not be free to speak the truth about my experiences. I refuse to be silent on these important issues.

This battle has been painful for me personally and professionally, and also for my family. It is time to move on. I look forward to continuing the conversation about workplace equality and to building great companies in the technology industry.

Ellen Pao