Ellen Pao's Statement On Losing The Kleiner Perkins Case: “The Battle Was Worth It”
The binary results … CNET : Juror kerfuffle leads to high drama in Ellen Pao discrimination trial Paul Carr / PandoDaily : Let's try that again: Despite flip-flopping jury, Pao loses Kleiner suit on all counts (definitely this time) Cromwell Schubarth / bizjournals : Kleiner Perkins wins in sexism, retaliation suit after bizarre twist Nitasha Tiku / The Verge : Jury finds Kleiner Perkins not liable on all claims in Ellen Pao's gender discrimination case Tweets: Ellen Pao / @ekp : 1. Thank you, world. Ellen Pao / @ekp : 2. I have been inspired by the thousands of people who have reached out to me over the past three years with support. Ellen Pao / @ekp : 5. While today's outcome is a disappointment, I take consolation in knowing that people really listened Ellen Pao / @ekp : 3. I've heard from people in Kazakhstan, Bangladesh, Australia, Malaysia, France, Argentina, Norway, Tanzania, Finland, and beyond. Ellen Pao / @ekp : 6. If we do not share our stories and shine a light on inequities, things will not change Ellen Pao / @ekp : 7. Hopefully my case will inspire the venture capital industry to level the playing field for everyone, including women and minorities Ellen Pao / @ekp : 9. To support the entrepreneurs of tomorrow, we need to show leadership today. Tracey Lien / @traceylien : Juror 2 says the verdict should not deter women from fighting discrimination. “If you feel it's being done to you, stand up for yourself.”
Context & Ripple Effects
The verdict caps a trial that nearly reached punitive territory — earlier this month the judge ruled Pao could indeed seek punitive damages before the defense rested. Instead, the jury returned not-liable findings on every claim, a clean sweep for Kleiner Perkins.
Pao's response is the notable move: rather than retreating, she thanks supporters and declares 'the battle was worth it,' framing the outcome around what the trial surfaced rather than who won. The coverage split across CNET's juror drama, PandoDaily's flip-flopping-jury framing, and bizjournals' 'bizarre twist' shows how contested even the verdict's own narrative was.
First-order effects
- Kleiner Perkins exits with no liability on any claim and no damages exposure, ending the immediate legal threat to the firm.
- Pao absorbs a total loss but converts the moment into a public platform — her thank-you tweets and statement reach thousands of respondents she says have contacted her, keeping the issue alive independent of the court's answer.
Second-order effects
- Pao declines to appeal the verdict later that year, closing the litigation track and shifting her effort from courtroom to workplace — by April she is discussing changes to hiring practices at Reddit and speaking openly about sexism there (her post-trial remarks on Reddit's hiring).
- Kleiner's courtroom win does little to settle the underlying argument: the trial's airing of internal conduct becomes reference material for an industry debate the firm cannot litigate away, and other firms face scrutiny by association.
Third-order effects
- If the pattern holds, Silicon Valley gets a template where discrimination claims can lose in court yet still function as industry-wide pressure — verdicts become less decisive than the discovery record, pushing firms toward preemptive governance and diversity changes rather than betting on juries.
- The case's arc — full acquittal, no appeal, continued cultural momentum — points toward employment-discrimination fights moving from individual lawsuits to norms-setting moments, with outcomes measured in policy shifts rather than damages.
The trend: High-profile discrimination suits are becoming verdict-independent catalysts: the legal result matters less than what the trial exposes, and firms like Kleiner Perkins find that winning in court no longer settles the reputational question.