Why The Ellen Pao Loss Isn't As Bad For Gender Equality As It Seems

[Commentary] Although Ellen Pao lost her gender-discrimination case against Silicon Valley’s venture capital giant Kleiner Perkins, her lawsuit can still become a positive force for establishing equal employment opportunities for women in technical fields. Pao sued Kleiner Perkins for discrimination only on behalf of herself, but her suit focused the country’s attention on the overall climate of gender bias in tech. Although Pao lost at trial, it would be a shame if women in Silicon Valley came away with the message that gender discrimination cases all turn on a single plaintiff’s personality.

Litigation has proven effective in combating gender discrimination across a range of industries, particularly in cases brought as class and collective actions. These forms of litigation enable women to stand together and prove that discrimination is not isolated, giving them the leverage to demand systemic changes in the workplace.

[Xinying Valerian is senior litigation counsel at Sanford Heisler Kimpel, LLP. Sheeri Hansen is an associate at Sanfor Heisler Kimpel, LLP]