I was sad to see that Ellen Pao lost her case of gender discrimination against the Venture Capital firm Kleiner Perkins Caufield & Byers. The very existence of the lawsuit will have had some effect on Silicon Valley, but a win would have done much more to shake up a male dominated tech industry.
I wasn’t on the jury, so can’t speak to the details of the case, but I do know the deck is stacked against women in these situations. The jury is being asked to decide if someone was fired for incompetence or fired because of the firm’s culture and biases. Unfortunately there’s little chance that a randomly selected jury can come to an independent informed decision on the issue of competence in a VC firm. I suspect even a carefully chosen panel of technology experts would struggle on that. Instead they’re forced to use the reviews, notes and opinions from the firm itself, and that’s where the deck is stacked.
I’ve covered the double standards for women working in tech in the past, along with the more general issue of attitudes to forceful women. Characteristics that get a man promoted – aggressive, pushy, argumentative – will count against a woman. Women who are laid back lack initiative, where women who forceful are difficult to work with. Those biases end up in emails and performance reviews. The data that the jury is forced to use to decide competence is coming from a tainted source – the very firm that’s in the dock. So unless it’s a horribly egregious example of discrimination, then the biases of male bosses and co-workers continue to function as part of the trial evidence. I think this Jezebel article does a pretty good job of covering the issue.
I sadly don’t have any answer to this problem, other than raising awareness of it. I’ll leave you with a picture of a very successful independent businesses woman. She’s created her own media empire based on the latest technical innovations. Plus, she has an excellent T-shirt on. This is of course the one and only Mistress T.