Kleiner Perkins Gender Discrimintion Goes to Jury on Punitive Damages

pao“There is sufficient evidence from which a reasonable juror could conclude that Kleiner Perkins engaged in intentional gender discrimination, that Kleiner Perkins acted with malice, fraud or oppression,” wrote Judge Harold Kahn. (source ABA Journal.

I am advising all of my startup clients to pay particular attention to gender discrimination issues that may arise in the workplace, particularly in areas of the company where there is a disproportionate number of male employees.

“”Per this standard, there is sufficient evidence from which a reasonable juror could conclude that Kleiner Perkins engaged in intentional gender discrimination by failing to promote Ms. Pao and terminating her employment,” the judge said in the one-paragraph decision.”

Startup Litigation Defense Post 101

Andrew Greenstein, counsel at Knight Capital, suggests in his
Three Quick Steps To Avoid Startup Death By Trade Secret Misappropriation Lawsuit“, the following:

CHECKLIST AND CERTIFICATION FOR NEWLY-HIRED EMPLOYEES

1. I hereby confirm that I have not retained any documents or information relating to the business of any of my prior employers, in any form (including personal email and electronic files), that I obtained in my role as an employee of my prior employers.

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2. I hereby confirm that I have performed a search of my home computer, hard drives, USB drives, email, and paper files to confirm that I do not possess the information described above.

Important: If you need to perform a search before completing this document, please inform [NAME] so that you can do so.

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3. I hereby confirm that I have not disclosed or used, and that I will not disclose or use, any non-public documents or information relating to the business of any of my former employers during my work at [COMPANY].

Confirm  Unable to Confirm 

4. I hereby confirm that I am not subject to an agreement that prohibits me from working for a competitor of any prior employer.

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