The Curious Case Of Ellen Pao And The Lesson We Can Learn From It

“What brush do you bend when dusting your shoulders from being offended?” — Kendrick Lamar

Ellen Pao
AbovetheLaw.com: Ellen Pao

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination “based on race, color, religion, sex and national origin.” Many of us recognize this familiar language, but the actual definition of “discrimination” remains nebulous. As New Yorker writer Vauhini Vara notes, the courts’ definitions for “discrimination” have evolved over time, along with social norms.

Employment lawyers like Kathleen Lucas are closely monitoring Ellen Pao’s sex-discrimination case against Kleiner Perkins Caufield & Byers because they believe the verdict could have big potential implications in the venture capital and tech industries. The outcome of Pao’s case may not have a direct impact on a firm’s culture, but it could give occasion for others who feel discriminated against to address inequities in the workplace.

Currently, Pao is the interim chief executive of Reddit. She filed this suit against her former firm in 2012, but the trial kicked off just last month. Pao is accusing her former firm of “allowing her to be sexually harassed by male managers, of punishing and eventually firing her when she complained, and of excluding her and other women from business meetings, dinners and promotions.” She is seeking $16 million for lost wages and potential future earnings.

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What Is The ‘True Threat’ Of Sigma Alpha Epsilon’s Infamous Song?

“Woke up an optimist / Sun was shinin’, I’m positive / Then I heard you was talkin’ trash / Hold me back, I’m ’bout to spaz.” — Kanye West

On Tuesday, University of Oklahoma’s President David Boren expelled two SAE Sigma Alpha Epsilonfraternity members from the school for their “leadership role in leading a racist and exclusionary chant which has created a hostile educational environment for others.”

By now you probably have seen and heard the infamous lyrics that some of Sigma Alpha Epsilon members gleefully sang on their bus. Some legal scholars believe it is unconstitutional for the University of Oklahoma to have expelled the fraternity brothers of SAE for their racist chant. In a recent post, Eugene Volokh writes:

First, racist speech is constitutionally protected, just as is expression of other contemptible ideas; and universities may not discipline students based on their speech… Likewise, speech doesn’t lose its constitutional protection just because it refers to violence — ‘You can hang him from a tree…’

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Related Column: Balancing the First Amendment vs. racist chants at the University of Oklahoma (by Noah Feldman)

For Minorities In The Law, What Does ‘Political Correctness’ Mean?

“Wonder how they would feel if our lives got criss-crossed / What if you lost your homie and you felt like Kriss Kross? / Double cross, I swear that Christians don’t even get this cross.” — Big Seandiversity diverse workforce business law firm minority lawyers

This week, I attended a presentation where the speaker implied Obama was a communist. After he was criticized for some of his remarks, he warned the audience, “political correctness is as pernicious as McCarthyism.”

In Jonathan Chait’s New York Magazine article “Not a Very P.C. Thing To Say – How the Language Police are Perverting Liberalism,” he compares political correctness to Marxism. Chait tells his readers:

I am white and male, a fact that is certainly worth bearing in mind…. If you consider this background and demographic information the very essence of my point of view, then there’s not much point in reading any further…. The internet has shrunk the distance between p.c. culture and mainstream liberal politics, and the two are now hopelessly entangled…. The p.c. style of politics has one serious, possibly fatal drawback: It is exhausting. Claims of victimhood that are useful within the left-wing subculture may alienate much of America….

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