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	<title type="text">Ellen K. Pao | Vox</title>
	<subtitle type="text">Our world has too much noise and too little context. Vox helps you understand what matters.</subtitle>

	<updated>2019-03-06T10:40:49+00:00</updated>

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		<entry>
			
			<author>
				<name>Ellen K. Pao</name>
			</author>
			
			<author>
				<name>Laura I. Gómez</name>
			</author>
			
			<title type="html"><![CDATA[Dear @Jack: It’s time to suspend Donald Trump from Twitter]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/2017/1/20/14336288/jack-dorsey-suspend-donald-trump-twitter-responsibility" />
			<id>https://www.vox.com/2017/1/20/14336288/jack-dorsey-suspend-donald-trump-twitter-responsibility</id>
			<updated>2017-01-24T07:29:06-05:00</updated>
			<published>2017-01-20T11:15:01-05:00</published>
			<category scheme="https://www.vox.com" term="Donald Trump" /><category scheme="https://www.vox.com" term="Politics" /><category scheme="https://www.vox.com" term="Social Media" /><category scheme="https://www.vox.com" term="Technology" /><category scheme="https://www.vox.com" term="Twitter" />
							<summary type="html"><![CDATA[A version of this open letter was published on Medium. Dear Jack, We&#8217;ve believed in your vision of Twitter for years. Laura joined Twitter as an employee in 2009, and Ellen tried to invest in the company almost a decade ago. The idea of a platform for new ideas, open conversations and positive interactions on [&#8230;]]]></summary>
			
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<img alt="" data-caption="" data-portal-copyright="Anonymous, licensed Creative Commons Zero" data-has-syndication-rights="1" src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/7842017/trumpwhale.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" />
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<p><em>A version of this open letter was published on </em><a href="https://medium.com/@ekp/dear-jack-its-time-to-suspend-donald-trump-from-twitter-14ddbdd3250c#.o5hdiolqo"><em>Medium</em></a><em>.</em></p>
<hr class="wp-block-separator" />
<p>Dear Jack,</p>

<p>We&rsquo;ve believed in your vision of Twitter for years. Laura joined Twitter as an employee in 2009, and Ellen tried to invest in the company almost a decade ago. The idea of a platform for new ideas, open conversations and positive interactions on a global scale was powerful and compelling &#8202;&mdash;&#8202; so strong that today the president of the United States and 300 million others participate and engage with the service each month. That&rsquo;s a remarkable accomplishment.</p>

<p>But @realdonaldtrump is bringing out the worst of Twitter &#8202;&mdash; &#8202;the company, the platform and its users. He&rsquo;s using his manipulation skills and your platform to bully others and to incite supporters to harass people&#8202; &mdash;&#8202; both on Twitter and in real life.</p>

<p>For example, Trump used Twitter to criticize civil rights hero Rep.&nbsp;<a href="https://twitter.com/realDonaldTrump/status/820251730407473153">John</a><a href="https://twitter.com/realDonaldTrump/status/820255947956383744">&nbsp;Lewis</a>, who spoke at the March on Washington alongside Martin Luther King Jr. He tweeted an attack on award-winning actor&nbsp;<a href="https://twitter.com/realDonaldTrump/status/818419002548568064">Meryl Streep</a>&nbsp;for speaking out against his regressive social policies. He&nbsp;<a href="https://twitter.com/realDonaldTrump/status/806660011904614408">blamed</a>&nbsp;a local union leader, Chuck Jones, for the loss of American jobs.</p>
<img src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/7841949/cluster.png?quality=90&#038;strip=all&#038;crop=0,0,100,100" alt="" title="" data-has-syndication-rights="1" data-caption="" data-portal-copyright="" />
<p>Even more distressingly, Trump used his Twitter account to start an attack on an 18-year-old girl, who hid and later&nbsp;<a href="http://www.cnn.com/2016/12/09/politics/trump-tweet-woman-cyber-bullied-cnntv/">said</a>,&nbsp;&ldquo;I think the worst day was when someone said my address and they said they were coming and they were going to rape me.&rdquo;</p>
<img src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/7841957/trumptweet.png?quality=90&#038;strip=all&#038;crop=0,0,100,100" alt="" title="" data-has-syndication-rights="1" data-caption="" data-portal-copyright="" />
<p>With these abusive messages, he incited others to attack and unleashed a stream of hate, directly violating&nbsp;<a href="https://support.twitter.com/articles/18311">The Twitter Rules</a>.</p>

<p>Trump is also using Twitter to avoid accountability with the press so he can promote&nbsp;<a href="https://www.nytimes.com/interactive/2017/business/media/trump-fake-news.html?smid=tw-share&amp;_r=0">propaganda and lies</a>. He told&nbsp;<a href="http://www.thetimes.co.uk/edition/news/donald-trump-interview-brexit-britain-trade-deal-europe-queen-5m0bc2tns">The Times</a>:</p>
<blockquote class="wp-block-quote has-text-align-none is-layout-flow wp-block-quote-is-layout-flow">
<p>&ldquo;the tweeting, I thought I&rsquo;d do less of it, but I&rsquo;m covered so dishonestly by the press&#8202;&mdash;&#8202;so dishonestly&#8202; &mdash; &#8202;that I can put out Twitter&nbsp;&hellip; I can go bing bing bing &hellip; and they put it on and as soon as I tweet it out&#8202; &mdash;&#8202; this morning on television, Fox &#8202;&mdash; &#8202;&lsquo;Donald Trump, we have breaking news&rsquo;.&rdquo;</p>
</blockquote>
<p>Twitter was intended to encourage positive interactions, but we&rsquo;ve seen your platform silence others by allowing abuse. Lindy West&nbsp;<a href="https://www.theguardian.com/commentisfree/2017/jan/03/ive-left-twitter-unusable-anyone-but-trolls-robots-dictators-lindy-west">terminated her account</a>. So did Leslie Jones,&nbsp;<a href="http://people.com/movies/twitter-ceo-jack-dorsey-speaks-out-after-leslie-jones-troll-abuse/">until you personally intervened</a>. We have both suffered harassment from the site. Increasingly, others&#8202; &mdash;&#8202; even multibillion dollar corporations&#8202; &mdash; &#8202;are blaming Trump and Twitter for their silence. Executives have been scared to speak, afraid Trump will target their companies with his tweets the same way he has attacked Boeing, Ford and General Motors, according to&nbsp;<a href="https://mobile.nytimes.com/2017/01/09/us/politics/affordable-care-act-health-care-lobby.html">the New York Times</a>.</p>

<p>We understand that the complexities of this company you founded and lead make suspending Trump seem like a hard decision. We&rsquo;ve seen how hard firsthand: Laura when she worked at Twitter for three years, and Ellen when she was Reddit&rsquo;s CEO. It&rsquo;s tempting &#8202;&mdash; &#8202;and popular &#8202;&mdash; &#8202;to frame a social network as a neutral platform and disown responsibility for content. It saves costs, it avoids hard decisions, it absolves leaders and employees of the sins committed by users. It&rsquo;s the standard behavior of all large social platforms. Free speech can be a powerful and effective rallying cry, especially because people overlook that it protects against government censorship and has its limits.</p>

<p>Dealing with Trump seems even harder because he provides huge short-term value to Twitter. He has so many followers and drives so much engagement and attention&#8202; &mdash; which benefit site metrics and stock price, even if they contravene its rules. Most of his tweets are the center of attention for at least one news cycle, driving more people to use Twitter.</p>

<p>Even Peter Thiel, Trump&rsquo;s tech adviser,<em> </em><a href="https://www.nytimes.com/2017/01/11/fashion/peter-thiel-donald-trump-silicon-valley-technology-gawker.html">acknowledges</a>&nbsp;your role in enabling his rise: &ldquo;I think the crazy thing is,&rdquo; he said, &ldquo;at a place like Twitter, they were all working for Trump this whole year even though they thought they were working for Sanders.&rdquo;</p>
<figure class="wp-block-pullquote alignleft"><blockquote><p>It’s tempting  —  and popular  —  to frame a social network as a neutral platform and disown responsibility for content.</p></blockquote></figure>
<p>Twitter has never been more relevant &#8202;&mdash; &#8202;or more challenged&#8202; &mdash;&#8202; but not in the positive ways you envisioned. We know you didn&rsquo;t build Twitter to be a platform for fake news, for bullying, or to elect Trump. We respectfully ask you: Where do you want the platform to go? Why wait until people get hurt? Shouldn&rsquo;t people with millions of angry followers be held to a higher standard? As a blue-check verified user, Trump gets extra privileges, including timeline and user filters as well as two-factor authentication.</p>

<p>People&rsquo;s lives are actually at stake here, and each day our goodwill for Twitter erodes as Trump and his followers overshadow the good of the platform.</p>

<p>For a long time, internet pundits blamed anonymity for online bullying. But we saw at Trump&rsquo;s rallies that harassment moves easily from behind the screen to in-person behavior, as his supporters shouted at and physically attacked protesters and reporters. As this behavior escalates from the web and lands in real life, Twitter needs to set an example for other social media platforms by holding its users, and itself, accountable.</p>

<p>With great power comes great responsibility. As CEOs, one to another: You have to make hard decisions. Trump refuses to stop inciting his 20 million followers to harass celebrities and teenagers alike&#8202; &mdash;&#8202; even though the&nbsp;<a href="http://www.wsj.com/articles/majority-of-americans-disapprove-of-trumps-twitter-use-poll-finds-1484715660?mod=e2tw">majority of people</a>, including&nbsp;<a href="https://twitter.com/search?vertical=default&amp;q=%40realdonaldtrump%20voted%20you%20stop%20tweeting">the people who voted for him</a>, want him to stop tweeting.</p>

<p>As the leader of the United States, Trump should know and do better. But he hasn&rsquo;t, and he won&rsquo;t. As the leader of Twitter, you, Jack, should by suspending him. No one else can.</p>

<p>With respect,</p>

<p>Laura I. G&oacute;mez and Ellen K. Pao</p>
<hr class="wp-block-separator" />
<p><a href="https://www.linkedin.com/in/lauraigomez"><em>Laura I. Gomez</em></a><em> is the founder and CEO of </em><a href="https://www.atipica.co"><em>Atipica</em></a><em> and former head of localization for Twitter. Reach her </em><a href="https://twitter.com/laura?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor"><em>@laura</em></a><em>.</em></p>

<p><a href="https://www.linkedin.com/in/ekpao"><em>Ellen K. Pao</em></a><em> is the chief diversity and inclusion officer at the </em><a href="http://www.kaporcenter.org"><em>Kapor Center for Social Impact</em></a><em> and former interim CEO at Reddit. Reach her </em><a href="https://twitter.com/ekp?ref_src=twsrc%5Egoogle%7Ctwcamp%5Eserp%7Ctwgr%5Eauthor"><em>@ekp</em></a><em>.</em></p>
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						]]>
									</content>
			
					</entry>
			<entry>
			
			<author>
				<name>Ellen K. Pao</name>
			</author>
			
			<title type="html"><![CDATA[Trump supporters can’t use ‘diversity of opinion’ as a defense for his harmful speech]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/2016/11/8/13557994/donald-trump-speech-election-president-opinion-diversity" />
			<id>https://www.vox.com/2016/11/8/13557994/donald-trump-speech-election-president-opinion-diversity</id>
			<updated>2016-11-08T10:14:17-05:00</updated>
			<published>2016-11-08T08:00:05-05:00</published>
			<category scheme="https://www.vox.com" term="Diversity" /><category scheme="https://www.vox.com" term="Future of Work" /><category scheme="https://www.vox.com" term="Technology" />
							<summary type="html"><![CDATA[A version of this essay was published on&#160;Medium. &#8220;What about diversity of opinion?&#8221; That question has been a common response to our real fear for our and for others&#8217; safety from the hate- and fearmongering of Donald Trump&#8217;s presidential campaign. Those who ask often define inclusion as requiring all people and views to be included [&#8230;]]]></summary>
			
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<img alt="" data-caption="" data-portal-copyright="Thos Robinson / Getty" data-has-syndication-rights="1" src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/7427583/Love_Trumps_Hate.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" />
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<p><em>A version of this essay was published on&nbsp;</em><a href="https://medium.com/projectinclude/diversity-inclusion-and-the-election-6cf6f060834b#.lauvvz1vm"><em>Medium</em></a><em>.</em></p>
<hr class="wp-block-separator" />
<p>&ldquo;What about diversity of opinion?&rdquo;</p>

<p>That question has been a common response to our real fear for our and for others&rsquo; safety from the hate- and fearmongering of Donald Trump&rsquo;s presidential campaign. Those who ask often define inclusion as requiring all people and views to be included &mdash;&#8202; regardless of how they promote excluding others. We at <a href="http://projectinclude.org">Project Include</a> find this definition offensive and reject it.</p>

<p>Trump is uniquely harmful, because his actions are beyond political speech &mdash; he actively promotes and fosters hate and violence.</p>

<p>This is what that hate and violence look like:</p>
<div class="nytimes.com - video-embed"><a href="http://www.nytimes.com/video/us/politics/100000004533191/unfiltered-voices-from-donald-trumps-crowds.html" target="_blank" rel="noopener noreferrer">View Link</a></div>
<p>This is how his supporters <a href="http://billmoyers.com/story/donald-trump-escalation-hate/">respond with hate</a>.</p>

<p>This is happening even in progressive places:</p>
<div class="twitter-embed"><a href="https://twitter.com/jozenc/status/793624606418534401" target="_blank" rel="noopener noreferrer">View Link</a></div>
<p>Trump judges people by race, ethnicity, religion or gender and encourages his followers to attack groups based on biases. He has called&nbsp;<a href="http://www.huffingtonpost.com/entry/9-outrageous-things-donald-trump-has-said-about-latinos_us_55e483a1e4b0c818f618904b">Mexicans rapists and criminals</a>, discouraged&nbsp;<a href="https://www.washingtonpost.com/politics/inside-the-governments-racial-bias-case-against-donald-trumps-company-and-how-he-fought-it/2016/01/23/fb90163e-bfbe-11e5-bcda-62a36b394160_story.html">black renters</a>, bragged about&nbsp;<a href="https://www.washingtonpost.com/politics/trump-recorded-having-extremely-lewd-conversation-about-women-in-2005/2016/10/07/3b9ce776-8cb4-11e6-bf8a-3d26847eeed4_story.html">grabbing women&rsquo;s genitals</a>, advocated&nbsp;<a href="http://www.theatlantic.com/politics/archive/2015/12/donald-trumps-call-to-ban-muslim-immigrants/419298/">banning Muslims</a> and encouraged&nbsp;<a href="http://www.nytimes.com/2016/03/15/opinion/the-trump-campaign-gives-license-to-violence.html">physical violence</a>.</p>

<p>The &ldquo;diversity of opinion&rdquo; argument comes with calls for change, for less government, for freedom of speech. We believe that safety, inclusion and freedom from hate and violence are fundamental rights and need to be part of that new world.</p>

<p>As a society, we cannot have a productive dialogue around your &ldquo;diverse opinions&rdquo; if you do not respect us&#8202; &mdash;&#8202; our opinions and our identities &#8202;&mdash;&#8202; and instead threaten&nbsp;us.</p>

<p>Project Include&rsquo;s focus is diversity and inclusion. Diversity and inclusion go hand in hand, and productive diversity of opinion cannot be based on principles of exclusion. We applaud the many others who have also expressed this view.</p>

<p>If you have not yet voted, please vote for inclusion today.</p>
<hr class="wp-block-separator" />
<p><a href="https://www.linkedin.com/in/ekpao?authType=NAME_SEARCH&amp;authToken=enCp&amp;locale=en_US&amp;srchid=148068431476741002553&amp;srchindex=1&amp;srchtotal=3&amp;trk=vsrp_people_res_name&amp;trkInfo=VSRPsearchId%3A148068431476741002553%2CVSRPtargetId%3A35582%2CVSRPcmpt%3Aprimary%2CVSRPnm%3Atrue%2CauthType%3ANAME_SEARCH"><em>Ellen K. Pao</em></a><em>&nbsp;is the co-founder of&nbsp;</em><a href="http://projectinclude.org"><em>Project Include</em></a><em>, an open community working toward providing meaningful diversity and inclusion solutions for tech companies.</em>&nbsp;<em>A former partner at Kleiner Perkins Caufield &amp; Byers, she was also former interim CEO at Reddit. She can be reached on Twitter&nbsp;</em><a href="https://twitter.com/ekp?lang=en"><em>@ekp</em></a><em>.</em></p>

<p><small><em>This article originally appeared on Recode.net.</em></small></p>
						]]>
									</content>
			
					</entry>
			<entry>
			
			<author>
				<name>Ellen K. Pao</name>
			</author>
			
			<title type="html"><![CDATA[Peter Thiel’s $1.25 million donation to Donald Trump is a lot more than ‘free speech’]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/2016/10/17/13310450/ellen-pao-peter-thiel-donald-trump-y-combinator-donation" />
			<id>https://www.vox.com/2016/10/17/13310450/ellen-pao-peter-thiel-donald-trump-y-combinator-donation</id>
			<updated>2016-10-18T11:26:38-04:00</updated>
			<published>2016-10-17T18:31:52-04:00</published>
			<category scheme="https://www.vox.com" term="Influence" /><category scheme="https://www.vox.com" term="Peter Thiel" /><category scheme="https://www.vox.com" term="Technology" />
							<summary type="html"><![CDATA[A version of this essay was published on Medium. Diversity and inclusion are hard, especially in tech. Doing them right means agreeing on values, setting standards, calling out bad behavior and sometimes firing people. At Project Include, we call it getting comfortable being uncomfortable with the hard work of reshaping a homogeneous industry. Today, we [&#8230;]]]></summary>
			
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<img alt="" data-caption="Peter Thiel, co-founder of PayPal, delivers a speech during the evening session on the fourth day of the Republican National Convention. | Chip Somodevilla / Getty" data-portal-copyright="Chip Somodevilla / Getty" data-has-syndication-rights="1" src="https://platform.vox.com/wp-content/uploads/sites/2/chorus/uploads/chorus_asset/file/7295053/Thiel-RNC.jpg?quality=90&#038;strip=all&#038;crop=0,0,100,100" />
	<figcaption>
	Peter Thiel, co-founder of PayPal, delivers a speech during the evening session on the fourth day of the Republican National Convention. | Chip Somodevilla / Getty	</figcaption>
</figure>
<p><em>A version of this essay was published on </em><a href="https://medium.com/projectinclude/peter-thiel-yc-and-hard-decisions-2b91bab83764#.oe7h8wx39"><em>Medium</em></a><em>.</em></p>
<hr class="wp-block-separator" />
<p>Diversity and inclusion are hard, especially in tech. Doing them right means agreeing on values, setting standards, calling out bad behavior and sometimes firing people. At <a href="http://projectinclude.org">Project Include</a>, we call it getting comfortable being uncomfortable with the hard work of reshaping a homogeneous industry.</p>

<p>Today, we struggle to rationalize Peter Thiel&rsquo;s power and influence as he moves further and further out there. We were confused by his <a href="http://www.seasteading.org/2008/04/introducing-the-seasteading-institute/">seasteading funding</a>, angered by his <a href="https://www.cato-unbound.org/2009/04/13/peter-thiel/education-libertarian">negative views</a> on women&rsquo;s voting rights, amused by his <a href="http://www.inc.com/jeff-bercovici/peter-thiel-young-blood.html">reported fixation</a> with living to 120, and annoyed by his <a href="http://time.com/4417679/republican-convention-peter-thiel-transcript/">keynoting</a> the Republican National Convention.</p>

<p>But we are completely outraged to <a href="http://www.nytimes.com/2016/10/16/technology/peter-thiel-donald-j-trump.html?_r=0">read about Thiel</a> donating $1.25 million to Trump, &#8220;apparently unfazed by the storm around the candidate in the last week following the broadcasting of lewd conversations.&#8221;</p>

<p>While all of us believe in the ideas of free speech and open platforms, we draw a line here. We agree that people shouldn&rsquo;t be fired for their political views, but this isn&rsquo;t a disagreement on tax policy, this is advocating hatred and violence.</p>

<p>And donating $1.25 million is a lot more than speech.</p>

<p>Money is power.</p>

<p>Giving more power to someone whose ascension and behavior strike fear into so many people is unacceptable. His attacks on <a href="http://www.motherjones.com/politics/2016/10/donald-trump-hate-groups-neo-nazi-white-supremacist-racism">Black</a>, <a href="http://www.cbsnews.com/news/donald-trump-delivers-immigration-speech-in-phoenix/">Mexican</a>, <a href="http://www.ibtimes.com/donald-trump-mocks-asians-broken-english-accent-during-campaign-rally-iowa-video-2069216">Asian</a>, <a href="http://www.theatlantic.com/politics/archive/2016/09/trump-muslims-islamophobia-hate-crime/500840/">Muslim</a> and <a href="http://www.rawstory.com/2016/10/trump-just-gave-an-anti-semitic-speech-dripping-with-hatred-and-the-internet-is-horrified/">Jewish</a> people, on <a href="http://nymag.com/thecut/2016/10/all-the-women-accusing-trump-of-rape-sexual-assault.html">women</a> and on others are more than just political speech; fueled by hate and encouraging violence, they make each of us feel unsafe.</p>

<p>At Project Include, our mission is to give <em>everyone</em> a fair chance to succeed in the workplace. &#8220;Everyone&#8221; means all groups to us, but we draw a line at individuals who fund violence and hate. We believe differences should be bridged with tolerance and empathy, not amplified by rage and fear. Diversity and inclusion are the source of open discussions and better decisions.</p>

<p><a href="https://www.ycombinator.com">Y Combinator</a> has cited many reasons for <a href="http://www.recode.net/2016/10/16/13302120/y-combinator-sam-altman-peter-thiel-donald-trump">leaving Thiel in his current role</a>, some of which we can understand. We at Project Include have no direct relationship with Thiel, so it is easier for us to explicitly distance ourselves from him.</p>

<p>We have hope for YC; YC has openly acknowledged bias and harassment problems in tech, and it has made progress in diversity and inclusion in its own organization over the last few years. We saw an opportunity to work with YC companies interested in building vibrant and diverse organizations, and we actively invited YC as a contributor to our VC Include program to gain access to its nearly 1,000 companies and CEOs, who are greatly admired and emulated.</p>

<p>But Thiel&rsquo;s actions are in direct conflict with our values at Project Include. Because of his continued connection to YC, we are compelled to break off our relationship with YC. We hope this situation changes, and that we are both willing to move forward together in the future. Today it is clear to us that our values are not aligned.</p>

<p>Sometimes hard decisions aren&rsquo;t that hard after all.</p>
<hr class="wp-block-separator" />
<p><a href="https://www.linkedin.com/in/ekpao?authType=NAME_SEARCH&amp;authToken=enCp&amp;locale=en_US&amp;srchid=148068431476741002553&amp;srchindex=1&amp;srchtotal=3&amp;trk=vsrp_people_res_name&amp;trkInfo=VSRPsearchId%3A148068431476741002553%2CVSRPtargetId%3A35582%2CVSRPcmpt%3Aprimary%2CVSRPnm%3Atrue%2CauthType%3ANAME_SEARCH"><em>Ellen Pao</em></a><em> is the co-founder of </em><a href="http://projectinclude.org"><em>Project Include</em></a><em>, an open community working toward providing meaningful diversity and inclusion solutions for tech companies.</em> <em>A former partner at Kleiner Perkins Caufield &amp; Byers, she was also former interim CEO at Reddit. She can be reached on Twitter </em><a href="https://twitter.com/ekp?lang=en"><em>@ekp</em></a><em>.</em></p>

<p><small><em>This article originally appeared on Recode.net.</em></small></p>
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				<name>Ellen K. Pao</name>
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			<title type="html"><![CDATA[Ellen Pao Speaks: &#8216;I Am Now Moving On&#8217;]]></title>
			<link rel="alternate" type="text/html" href="https://www.vox.com/2015/9/10/11618452/ellen-pao-speaks-i-am-now-moving-on" />
			<id>https://www.vox.com/2015/9/10/11618452/ellen-pao-speaks-i-am-now-moving-on</id>
			<updated>2019-03-06T05:40:49-05:00</updated>
			<published>2015-09-10T11:00:54-04:00</published>
			<category scheme="https://www.vox.com" term="Technology" />
							<summary type="html"><![CDATA[Over the past three and a half years, I have pursued a legal case against Kleiner Perkins for gender discrimination and retaliation. Seeking justice in the courts has been painful for me personally and professionally, and for my family. I am now moving on, paying Kleiner Perkins&#8217; legal costs and dropping my appeal. My experience [&#8230;]]]></summary>
			
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<p>Over the past three and a half years, I have pursued a <a href="http://recode.net/tag/pao-trial/">legal case</a> against Kleiner Perkins for gender discrimination and retaliation. Seeking justice in the courts has been painful for me personally and professionally, and for my family. I am now moving on, paying Kleiner Perkins&rsquo; legal costs and dropping my appeal. My experience shows how difficult it is to address discrimination through the court system.</p>

<p>Our society is struggling with workplace discrimination and harassment. These often happen in subtle but highly hurtful ways. Many businesses today are ill-equipped to prevent or address problems that arise. Human resources is a company-oriented function &mdash; when you can find it at all. Some businesses are now making changes to prevent discrimination &mdash; and importantly measuring and talking about it. But we have a long way to go, as women and minorities continue to make up a small fraction of the management at our most lucrative and productive companies.</p>

<p>In the absence of effective internal company solutions, one option is the legal system. Since bringing my case, I discovered that the court system today is not well-designed to address these issues, either. First, to win in California court, discrimination has to be intentional and a substantial motivating factor for different treatment. This standard is vague and hard to prove; there could also be other factors like racial or age discrimination, personal animus or unconscious biases. These all add up to excuses that can prevent a finding of discrimination or retaliation. Second, harassment and discrimination claims have to be filed within one year under California law. Contrast that with three years for property damage claims and four years for breach of contract claims.</p>

<p>The deck is stacked against plaintiffs in other ways, as well. From the first day of trial, I saw how hard it was going to be to win when every potential juror who expressed a belief that sexism exists in tech &mdash; a belief that is widely recognized and documented &mdash; was not allowed to serve on the jury.</p>

<p>The disparity in legal, PR and financial resources is also tremendous &mdash; and the primary reason for my decision to now focus my efforts outside court. I was lucky to have the resources to bring my case this far. I personally spent significant amounts on expert fees, lawyer costs and Kleiner&rsquo;s costs. I was at risk of paying much more, as Kleiner asked the court to make me pay nearly $1 million in its expert costs and court fees. Many other costs were borne by my lawyers.</p>

<p>But even then, we could not match Kleiner&rsquo;s deep pockets, and the imbalance of resources impacted the entire process in ways large and small. Some examples are:</p>
<ul class="wp-block-list"><li>Kleiner had three times as many lawyers and paralegals working at any given time that we knew of. They also had full-time jury consultants observing most if not all of the trial.</li><li>Kleiner pursued expensive procedural actions that delayed the court case for well over a year.</li><li>In discovery, I handed over almost all my emails, since I didn’t have the resources to review and protect my private and privileged messages. Kleiner had teams of people review every document and protect their emails. I sent nearly one million pages; they sent fewer than 10,000.</li><li>We did not buy deposition videos, full court transcripts or daily access to trial testimony — all of which Kleiner was easily able to afford and did obtain.</li><li>I had neither the time nor resources to talk with reporters or journalists. Kleiner reportedly had four full-time PR people plus their defense lawyer arguing their points and providing information and their perspective to the press in real-time during the trial. Their efforts contributed to online aggression against me personally, and even toward my family, leading to what is now viewed as the one of the largest trolling attacks in history.</li><li>Kleiner spent at least five times more on expert witness fees than we did. Even hiring experts was challenging for us; Kleiner’s clout in Silicon Valley made it difficult to get experts and other people to testify openly on the stand.</li></ul>
<p>Several reporters complained to me after the trial about Kleiner&rsquo;s PR tactics and the lack of balance in the information and perspectives available. I&rsquo;m certain that the reporting about my case, which was extensive, was affected by Kleiner&rsquo;s PR campaign, and I fear the trial was, too. Under court rules, jurors are instructed not to read any press reports about the case. In the old days, it might have been feasible for jurors to fold the newspaper and turn off the television. Today, I find it hard to believe that jurors can stay away from the Internet.</p>

<p>My case continued for several weeks, and the courtroom and outside hallways were filled with reporters and photographers producing news stories, opinion pieces, video reports, liveblogs and tweets on a daily basis. One alternate juror in my case tweeted during the trial and deliberations, sometimes including a popular hashtag. And the judge himself admitted to reading headlines throughout the trial.</p>

<p>Ultimately, I cannot afford to continue this battle and risk having to pay additional costs if I lose on appeal. I already must pay Kleiner for its legal costs, as awarded by the court, plus 10 percent annual interest. Forcing plaintiffs in civil rights actions to pay for defendants&rsquo; costs is just wrong. With my resources and fortitude, and the strength of my case, I still cannot afford to take further legal action.</p>

<p>Even the courts do not provide a level playing field, and it is hard to afford justice. I hope future cases prove me wrong and show that our community and our jurists have now developed a better understanding of how discrimination works in real life, in the tech world, in the press and in the courts.</p>

<p>I have a request for all companies: Please don&rsquo;t try to silence employees who raise discrimination and harassment concerns. Instead allow balanced and complete perspectives to come out publicly so we can all learn and improve. I and many others are eager to hear more stories being shared by women and minorities. I turned down offers to settle so I can keep telling mine. We need to keep telling our stories and educating people on how it can be that women and minorities form such a small fraction of our investor base, our tech workforce and our leadership.</p>

<p>I am grateful for the support from everyone who reached out to me to share their stories or support, from my scrappy lawyers, and from my friends and family. Going forward, I am optimistic that our efforts will drive change to improve the work situation for women and minorities. Personally, I plan to continue moving these issues forward by writing, investing and working in the technology industry.</p>
<hr class="wp-block-separator" />
<p><em>Ellen Pao is a former partner at Kleiner Perkins Caufield &amp; Byers, and former interim CEO at Reddit. She can be reached on Twitter </em><a href="https://twitter.com/ekp?lang=en"><em>@ekp</em></a><em>. </em></p>

<p><small><em>This article originally appeared on Recode.net.</em></small></p>
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