- Former Kleiner partner Ellen Pao arrives at San Francisco Superior Court with her attorneys, Therese Lawless and Alan Exelrod on Tuesday.
- Reuters
Kleiner Perkins Caufield & Byers never offered Ellen Pao a level playing field during her six-year career at the firm and broke the law, her attorney Alan Exelrod told a packed San Francisco courtroom in closing arguments Tuesday.
Hours later, Kleiner lawyer Lynne Hermle countered that claims of an uneven playing field are “meritless, frivolous.” Ms. Pao “didn’t want to play for team KP. She wanted to play for Team Ellen.”
The two adversaries went head-to-head in front of a packed gallery of 200 people, summing up a gender discrimination case that for the past four weeks has riveted Silicon Valley and sparked conversations about sexism in tech. Pao is seeking $ 16 million in damages as compensation, and potentially more if the jury concludes Kleiner acted maliciously. Kleiner has denied all allegations while it battles questions about its reputation.
“We are all here today because Kleiner Perkins broke the law,” Exelrod, Pao’s attorney, began his speech to the six men and six women of the jury. Exelrod asked the jurors several times “where is the level playing field?” at Kleiner Perkins, recounting how the firm passed over Pao for promotions.
“Every managing partner from time immemorial, even through 2012, was male [at Kleiner],” Exelrod told the jury.
Exelrod walked the jurors through a timeline of the case, explaining why each of Pao’s claims of gender discrimination and retaliation is justified.
“He’s trying to distill things and clear away all the subjective elements,” said Janine Yancey, who founded human-resources training company Emtrain, as she watched from the gallery. “That’s his job in closing arguments.”
Hermle wanted to do the opposite, Yancey said. “She’s more scrappy. She’ll try to throw a bunch of issues on the table” to argue Pao’s claims cannot be easily justified, Yancey said.
Summarizing her case that Pao was unqualified for the roles she was denied, Hermle told the jury, “These claims are simply a continuation of Ellen Pao’s attempts to blame others for her failings.
“She chose this path that she thought would lead to a multi-million dollar windfall for herself,” Hermle told the jury in her booming voice.
Defending Kleiner’s reputation, Hermle read the names of female Kleiner partners including revered analyst Mary Meeker and AIDS researcher Beth Seidenberg. “The hiring of those accomplished women,” Hermle told the jury, places Kleiner Perkins “firmly in the No. 1 position” among venture-capital firms with women partners.
After Hermle finishes her closing argument on Wednesday morning, and Pao’s attorney’s have another chance to speak, the jury will privately consider the case that has played out so publicly. Superior Court Judge Harold Kahn gave the jury elaborate instructions that ask them to consider four claims Pao has made against Kleiner:
Was Pao discriminated against in not being promoted?
Was she retaliated against by not being promoted?
Did Kleiner fail to prevent gender discrimination?
Was she fired in retaliation because she complained?
The jury must decide by a margin of 9-3 or greater on each of the four claims. They will meet in a conference room in the courthouse across from San Francisco’s stately City Hall until they have reached their verdicts.
Correction: Janine Yancey’s last name was misstated as Glancey in a previous version of this article.
Complete Coverage:
Sex-Bias Trial Takes Big Toll on Kleiner
Pao-Kleiner Closing Arguments: What to Look For
Kleiner Perkins Stresses Its Leadership in Promoting Women
Kleiner Partner Disputes Making Romantic Gestures to Pao
Female Investors Divided on Fate of Pao’s Discrimination Case
Meeker Says Kleiner Is Fair to Women
Kleiner Attorney Continues Attack on Pao’s Credibility
Kleiner Attorney Exposes Disparities in Ellen Pao’s Testimony
Ellen Pao to Take Stand at Key Moment in Discrimination Case
Investigator Says Senior Kleiner Partner Urged Pao to ‘Move Forward’
At Pao Trial, Porn Stars and Playboy, but No Anti-Discrimination Policy
Kleiner’s Doerr: It’s ‘Too Hard’ for Women Founders to Get Funding
As Pao Case Continues, Doerr Confronts ‘Surrogate Daughter’
Kleiner Perkins Partner Says It Was a Mistake Not to Investigate Allegations
Kleiner Perkins Argues Pao Failed Because of Prickly Personality
Kleiner Let Nazre Review Ellen Pao’s Performance Anonymously, Court Hears
Kleiner Perkins Discrimination Case Turns to Money
Former Kleiner Partner Denies Purposely Excluding Women at Events
Former Kleiner Partner Trae Vassalo Testifies of Unwanted Advances
Ellen Pao Lawsuit Against Kleiner Perkins Heads to Court
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Closing Arguments Pack Pao-Kleiner Courtroom - Wall Street Journal (blog)
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