Since When is Filing a Frivolous Lawsuit Heroic? – Ep. 66

  • If an employee sues an employer falsely, the employer has no recourse, because it could be interpreted as retaliation
  • Ms. Pao lost not only on her discrimination claim, she also lost on claim that she was retaliated against
  • The big problem is the reaction in the media
  • The tone in the press is supportive to Ms. Pao, even though she was not telling the truth
  • She was suing for $16 million – her motive was greed
  • This is not a “victory for women” – it is a loss
  • The suit makes employers reticent to risk false gender-based accusations
  • The press promise more sexual discrimination cases in the pipeline, suggesting someone might “get lucky”
  • Most gender-based lawsuits are never litigated – they are settled for cash
  • Employers are not going to discriminate based on gender
  • Gender discrimination is a poor business strategy
  • This case sends a loud message to employers to avoid the risk of gender based discrimination by avoiding women