• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place

2

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

3

Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster

1

Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place

2

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

3

Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
TechKleiner Perkins

Jury in Kleiner Perkins sexism trial starts deliberations

By
Kia Kokalitcheva
Kia Kokalitcheva
Down Arrow Button Icon
By
Kia Kokalitcheva
Kia Kokalitcheva
Down Arrow Button Icon
March 25, 2015, 6:57 PM ET
Ellen Pao leaves court as her sexual bias trial against fomer employer Kleiner Perkins Caufield & Byerr continues in San Francisco
Ellen Pao leaves San Francisco Superior Court Civic Center Courthouse during a lunch break in San Francisco, California March 25, 2015. Pao, the interim CEO of Reddit, is suing her former employer Kleiner Perkins Caufield & Byerr, a venture capital firm, for $16 million in a landmark case detailing the alleged sexual bias against women in Silicon Valley. REUTERS/Stephen Lam - RTR4UVEYPhotograph by Stephen Lam — Reuters
Add Fortune on Google for similar content.

The gender discrimination case against venture capital firm Kleiner Perkins is finally in the hands of the jury after the two sides finished their closing arguments Wednesday.

Following a day and a half of final statements, a six-man, six-woman jury will now decide whether the blue chip Silicon Valley investment firm did in fact discriminate against former employee Ellen Pao. She has accused it of passing her over for promotions and then retaliating against her because of her complaints.

“Throughout this trial, Kleiner Perkins has tried to blame Ellen Pao to distract you from their failure to follow the law,” Therese Lawless, Pao’s attorney, told the jury in a slow but assertive voice Wednesday in one final effort to persuade them. “Every individual is allowed to have the same standards applied to them. That’s what she wanted. That’s why we’re here,” she added, pointing to Pao.

Pao joined Kleiner Perkins in 2005 as a junior partner and chief of staff of famed investor John Doerr before eventually moving full-time to the team investing in digital companies. In 2012, she sued the firm and alleged that she had been left out of all-male dinners, subjected to chit-chat about porn and received an inappropriate gift of erotic poetry. Later that year, she was fired.

The month-long trial has been closely followed in the tech industry, which is facing intense criticism for its lack of diversity. The closing arguments drew particular attention with a standing room crowd in court on the first day followed by a nearly full room on Wednesday.

Kleiner Perkins’ attorney, Lynne Hermle, kicked off the day by zeroing in on Pao’s “tale of retaliatory woe.” She said Pao had twisted the facts about innocuous incidents to make them seem sinister. For example, Pao had portrayed being asked by a partner to take notes during a meeting as an example of the retaliation she faced. But Hermle said that retaliation had nothing to do with it.

Hermle also went back to a central theme in her defense – that Pao was passed over for promotions and fired because she was unqualified. In fact, she said the firm gave Pao every opportunity and resource to improve her performance including giving her speech and business coaches, and mentoring by senior partners.

“And though she’s pointed an accusatory finger, Ellen Pao failed for one reason and one reason only — her view of her skills and performance was far different from what they were,” Hermle said.

Lawless’ closing argument, in contrast, portrayed an entirely different story: That Pao she had deserved promotions and that she filed her lawsuit to punish Kleiner, and not as an effort to cash in.

Lawless reminded the jurors of 2007, when Pao briefly quit her job at Kleiner because of her frustration with the culture. Yet, she still insisted on warning Kleiner partner — and her mentor — John Doerr that she’d heard that three administrative assistants at the firm had complained of sexual harassment.

“It didn’t help her bringing that up,” Lawless said. “It wasn’t about her. It was ‘you guys need to know this because I’m going to be leaving.’”

Lawless also spent significant time countering Kleiner’s claims that Pao was under-qualified and a performed poorly during her time at the firm. Much of the four weeks of testimony revolved around Pao’s performance and whether she should have been promoted to senior partner. Both sides’ attorneys spent hours going over performance reviews, emails, and other documents to show the jury wildly different view of her.

“There really isn’t any documentation of a poor performer which is what they claim is the reason they terminated her in 2012,” Lawless said. “Really what’s happened here is some revisionist history about Ellen Pao and her contributions to Kleiner Perkins.”

One particular point of contention between the two sides was whether Pao was ever promised she’d get to stay at Kleiner and become an investor. While Kleiner’s witnesses testified over and over that junior partners like Pao usually left after a few years to join a portfolio company, Pao’s attorneys have argued that she made it very clear that her goal was to become a top investor that the firm tried to keep her from that.

“What really really bothers me in this case is that some men think that they can decide what she’s best at,” Lawless said. “That’s not tolerated anymore, it’s illegal.”

To decide in Pao’ favor, nine out of the twelve jurors must agree to any or all four Pao’s four separate claims against Kleiner. If they do so, they will then have to decide whether she is entitled to and how much to award her in compensatory and/or punitive damages. Pao’s claims are as follows, paraphrased:

  1. Kleiner Perkins discriminated against her gender when it didn’t promote her and/or fired her.
  2. Kleiner Perkins retaliated against her for complaining and/or suing when it didn’t promote her.
  3. Kleiner Perkins failed to take all reasonable steps to prevent gender discrimination against her.
  4. Kleiner Perkins retaliated against her for complaining and/or suing when it fired her.

Pao is seeking compensatory damages for past and future lost wages of up to $16 million plus punitive damages could surpass $100 million.

About the Author
By Kia Kokalitcheva
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Tech

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Tech

Brown University Professor Roberto Serrano, a man in a suit holding onto a gold trophy--the King Of Spain Economy Award"-- before Spain's King Felipe and a painted wall.
AIEducation
‘Humanity has chosen to become idiots’: This Brown professor switched to take-home exams after a mass shooting and discovered mass cheating
By Catherina GioinoJune 29, 2026
11 hours ago
bis
EconomyMarkets
The central bank of central banks just released its flagship annual report — and it sees a $1 trillion AI investment boom headed for a reckoning
By Nick LichtenbergJune 29, 2026
12 hours ago
paralegal
AIdisruption
The most reassuring argument about AI and jobs quietly explains why Gen Z can’t get one
By Nick LichtenbergJune 29, 2026
15 hours ago
This summer’s heat is a live stress test for data centers—here’s what it’s revealing in real time
AIData centers
This summer’s heat is a live stress test for data centers—here’s what it’s revealing in real time
By Tristan BoveJune 29, 2026
15 hours ago
Photo of Jim Farley
AIAutos
Ford on why it hired 350 ‘gray beard’ engineers: you need their mentorship for younger workers — and to drive huge AI productivity gains
By Sasha RogelbergJune 29, 2026
16 hours ago
‘Cop on your wrist’: Wearables offer tons of data, but people are still going to sleep to Netflix and TikTok
HealthBrainstorm Tech
‘Cop on your wrist’: Wearables offer tons of data, but people are still going to sleep to Netflix and TikTok
By Amanda GerutJune 29, 2026
16 hours ago

Most Popular

Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place
Success
Elon Musk on MacKenzie Scott giving away $26 billion of her fortune: 'Sadly,' it makes the world a worse place
By Sydney LakeJune 29, 2026
18 hours ago
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
Success
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
By Sydney LakeJune 25, 2026
5 days ago
Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
Success
Philanthropy leader at Warren Buffett and Bill Gates’ Giving Pledge says children of billionaires are pushing them to give their wealth away faster
By Preston ForeJune 27, 2026
3 days ago
The retired college professor fighting a $313 trespassing ticket in Wisconsin thinks he's part of a national struggle
Environment
The retired college professor fighting a $313 trespassing ticket in Wisconsin thinks he's part of a national struggle
By Catherina GioinoJune 28, 2026
2 days ago
Current price of oil as of June 29, 2026
Personal Finance
Current price of oil as of June 29, 2026
By Joseph HostetlerJune 29, 2026
20 hours ago
Cristiano Ronaldo is soccer's first-ever billionaire: He went from begging for burgers outside McDonald's to landing a $400 million contract
Success
Cristiano Ronaldo is soccer's first-ever billionaire: He went from begging for burgers outside McDonald's to landing a $400 million contract
By Preston ForeJune 28, 2026
2 days ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.