Post-trial maneuvering in a discrimination verdict

In March a San Francisco jury returned a defense verdict in Ellen Pao’s widely publicized sex discrimination suit against Kleiner Perkins. As so often when a lawsuit story sounds over, however, that’s been just the prelude to further wrangling over a possible settlement: Kleiner says Pao has demanded $2.7 million in exchange for not pursuing an appeal, while Kleiner, citing a spurned pre-trial offer that it says triggers the operation of California’s offer-of-settlement law, has asked a court to order Pao to pay nearly $1 million in expert witness fees and other costs. Davey Alba at Wired reports and quotes me on several aspects.

Last week CBS radio quoted me on another high-profile discrimination suit, EEOC v. Abercrombie & Fitch Stores LLC, the headscarf accommodation case:

One Comment

  • The cost of litigation are just too damn high. It is not only the $1 million in fees for expenses (which is outrageous in an of itself), it is the thousands of hours likely spent by lawyers and executives. What an inefficient use of resources.

    I am not saying that discrimination should not be rooted out. I am just saying that the cost of litigation is just too high. I wish there were another, much less expensive way of doing things.