Jury reaches verdict in Ellen Pao case

Elizabeth Weise | USA TODAY

SAN FRANCISCO — Reporters and lawyers raced back to San Francisco Superior Court Friday on the news that the jury had reached a verdict in Ellen Pao's gender bias suit against Kleiner Perkins and would announce it at 2 p.m. San Francisco time.

The jurors sent word to the clerk that they had finished their deliberations over the lunch hour.

Then followed a tense wait. The three alternate jurors, who had sat through the entire five weeks of testimony but will not get to vote, had asked to be notified of the decision so they could be present when it was given in open court.

Judge Harold Kahn agreed, telling them he would give them an hour's warning. That hour is up at 2:00 pm. At least one was present in the courthouse.

Jury questions

The jury has been asked several distinct questions on the seven-page verdict sheet it must fill out.

The first is whether Pao's gender was a substantial motivating reason as to why Kleiner did not promote her to managing partner and whether she was harmed if it was.

Next is whether she was terminated because she was a woman, and did that harm her?

A second set of questions revolves around whether her conversations with Kleiner partner John Doerr and others about what she perceived to be sex discrimination at the firm resulted in her not being promoted and later fired — and if that lack of promotion harmed her.

Another question is whether Pao's poor job performance was also a substantial motivating reason for her not having been promoted to senior partner or being terminated.

That question asks whether, even if Pao's gender wasn't an issue, she would not have been promoted because of what Kleiner called her poor performance.

The verdict form also asks the jury to say whether it believes Kleiner failed to take "all reasonable steps to prevent gender discrimination against Ms. Pao."

DAMAGES QUESTION



The final part of the verdict form asks the jury how much damage it believes Pao should be awarded for past lost earnings and future lost earnings — if, that is, it has found Kleiner at fault.

If it did, the final question on the form is whether punitive damages should be awarded because Kleiner acted with "malice, oppression or fraud."

However,the jury is not being asked to assign a dollar figure to this. It will happen at a later date. The figure could go as high as $144 million.

THE TRIAL, AS IT UNFOLDED

March 25: Jury begins deliberations

March 24: Kleiner lawyer: Pao always blamed others

March 23: Ellen Pao trial heads to closing arguments

March 23: Ellen Pao could get $160 million

March 19: Vicki Behringer, courtroom artist in the Ellen Pao trial

March 19: Ellen Pao didn't embrace role of junior partner, says boss

March 18: Ellen Pao testimony returns to plane ride

March 17: Ellen Pao trial is big news in China

March 14: Ellen Pao trial: Acceptable behavior for men wasn't for women

March 12: Ellen Pao critiqued for interactions with female colleagues

March 12: Ellen Pao avoids public airing of family finances

March 10: Ellen Pao testimony leads to visible cringing

March 9: Ellen Pao begins testimony in Silicon Valley sex bias trial

March 6: Mary Meeker quotes cap second week of Ellen Pao trial

March 5: Ellen Pao trial takes a raunchy turn

March 4: Kleiner bigwig takes heat over tape

March 3: John Doerr testifies at trial brought by ex-mentee Pao

March 2: Man Ellen Pao accused of retaliation had bonus docked

Feb 27: Little 'upward mobility' in venture capital

Feb 26: Ellen Pao could have made $2.6 million as a senior partner

Feb 25: Pao case presents dueling views of opportunity

Feb 24: Ellen Pao lawyer says KP 'not a level playing field'



