Lawyer in Silicon Valley lawsuit says firm judged men and women differently

http://www.theguardian.com/technology/2015/mar/24/silicon-valley-ellen-pao-case-gender-discrimination

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An attorney for a woman suing a prestigious Silicon Valley venture capital firm for gender discrimination said on Tuesday the firm judged men and women by different standards.

Lawyer Alan Exelrod made the claim during his closing argument in the lawsuit filed by Ellen Pao against Kleiner Perkins Caufield & Byers that has shined a light on gender imbalance in the technology and venture capital sectors.

Related: Ellen Pao gender discrimination trial grips Silicon Valley

The case has caused some technology and venture capital companies to re-examine their cultures and practices even before a jury reaches its verdict.

“The evidence in this case compels the conclusion that men were judged by one standard and women by another,” Exelrod said. “The leaders of Kleiner Perkins are the ones responsible for this double standard.”

Lynne Hermle, an attorney for the firm, was expected to make her closing argument later in the day.

Pao’s attorneys have portrayed her as the victim of a male-dominated culture at Kleiner Perkins, saying she was subjected to retaliation by a male colleague with whom she had an affair.

They say she was fired in 2012 after complaining about gender discrimination. Kleiner Perkins has countered that Pao was a chronic complainer who twisted facts and circumstances in her lawsuit and had a history of conflicts with colleagues that contributed to the decision to let her go.

A judge ruled over the weekend that Pao can seek punitive damages that could add millions of dollars to a possible verdict in her favor. She is seeking $16m in lost wages and bonuses.

Consultant Freada Kapor Klein said she has recently been contacted by more than a dozen venture capital and technology companies asking her how they can improve the environment for women. Klein, whose firm specializes in addressing bias in the workplace, declined to name the firms but said they approached her as a result of the Pao case.

“People understand that the issues raised in this trial are about company culture in general,” Klein said.

Experts say Pao’s case has increased awareness about seemingly small indignities faced by women in the technology and venture capital sectors.

“These subtle incidents individually seem trivial, but cumulatively create a climate that is unwelcoming,” said Deborah Rhode, a law professor at Stanford University who teaches gender equity law.

Related: Silicon Valley is cool and powerful. But where are the women?

During testimony, Pao told jurors that her lawsuit was intended in part to create equal opportunities for women in the venture capital sector.

Paul Gompers, a Harvard business school professor, was hired by Kleiner Perkins to conduct research about the venture capital industry. He testified that Kleiner Perkins placed more women on the boards of companies in which it invested than any of the 3,000 venture capital firms that he reviewed.

However, a study released last year by Babson College in Massachusetts found that women filled just 6% of partner-level positions at 139 venture capital firms in 2013, down from 10% in 1999.

Since Pao’s case began, more venture capital firms have called seeking female candidates for partner-level positions, said Joe Riggione, co-founder of True, an executive search firm for venture capital and technology companies.

Technology and venture capital firms have become more open over the past two years about discussing gender and racial inequities, said Nicole Sanchez, founder of Vaya Consulting, which tries to help Silicon Valley companies increase diversity.

Sanchez said that’s due in part to a decision by Google and other technology giants to release data about the demographic makeup of their workforces. The numbers weren’t good: women hold just 15 to 20% of tech jobs at Google, Apple, Facebook and Yahoo.