Ellen Pao v. Kleiner Perkins: How Everyone Can Win
After hearing Ellen Pao’s testimony earlier this week, I’m sure I wasn’t the only one in the courtroom wondering why Kleiner Perkins (KP) decided to take this matter to trial. Pao’s testimony was very compelling. While defense’s counsel poked a few holes in Pao’s claims (and will continue to do so), there’s no escaping the multitude of disturbing workplace images that KP isn’t disputing.
Ultimately, the picture that emerges is a workplace where men are invited to the party and women are left out -- literally.
By now, KP is probably waking up to the realities of litigation -- they are at the complete mercy of the judge and jury. For all they know, the jury may make KP culpable for the sins of the industry: the lack of women in tech, the lack of women in venture capital, the lack of female entrepreneurs who get funded, etc.
Plaintiff will rest her case in a day or so and by now, KP and its attorney may be wondering how to exit this fight gracefully. Chances are -- they’ve been wanting to do that for a while but plaintiff is not allowing it. Why would she? It took major guts to get where she is right now. Frankly, nine out of ten women in her shoes would not have the guts to expose themselves to critique and/or fight the Silicon Valley status quo. Now that she’s almost through with the hard part, she’s unlikely to stop short in getting a jury verdict in her favor.
So how KP can manage to save face and satisfy a trial-happy Plaintiff? Here’s a settlement that would be a win for KP, a win for Ellen Pao, and a win for the industry:
Kleiner settles for $20M as seed money for a venture fund that Pao will manage with Kleiner as a limited partner in the fund. And the best part: the mission of the venture fund will be to support female entrepreneurs and female tech leaders. This means that any startup with a female founder or a woman on the management team (excluding HR, Talent, Legal or Finance) fits the criteria for this fund’s mission.
With a settlement like this, both Pao and Kleiner can say they’ve helped Bridge the Gender Gap in Tech and everyone comes out a winner.