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53 Am. Bus. L.J. 607 (2016)
Intent and Liability in Employment Discrimination

handle is hein.journals/ambuslj53 and id is 607 raw text is: American Business Law Journal Volume 53, Issue 4, 607-675, Winter 2016 Intent and Liability in Employment Discrimination Leora F Eisenstadt* and Jeffrey R. Boles** INTRODUCTION In March 2015, The New Yorker brought a question typically debated by legal scholars firmly into the public consciousness when it published the article, The Ellen Pao Trial: What Do We Mean by 'Discrimination'?' The article was prompted by an employment discrimination case brought by Ellen Pao, a former junior partner at the Silicon Valley-based venture capital firm Kleiner Perkins Caufield & Byers. Pao claimed that she was the victim of sex discrimination in violation of California law and alleged that she was retaliated against for complaining about sexual harassment, that her performance reviews unfairly focused on interpersonal skills and clashes with her peers and other partners, that she and other women were constantly being interrupted and ignored during meetings, that women were excluded from firm-related social events, and that women partners were excluded from several partner dinners because they would *Assistant Professor, Department of Legal Studies, Fox School of Business, Temple University. BA, Yale University; J.D., New York University School of Law; L.L.M, Temple University Beasley School of Law. **Assistant Professor, Department of Legal Studies, Fox School of Business, Temple University. Ph.D., University of California, Berkeley; J.D., University of California, Berkeley School of Law. This article greatly benefited from discussions at the 2015 Annual Academy of Legal Stud- ies in Business Conference and the 2015 Colloquium on Scholarship in Employment and Labor Law cosponsored by the Maurer School of Law and the Kelley School of Business at Indiana University. 'Vauhini Vara, The Ellen Pao Trial: What Do We Mean by Discrimination?, NEW YORKER (Mar. 14, 2015), http://www.newyorker.com/business/currency/the-ellen-pao-trial-what-do- we-mean-by-discrimination. © 2016 The Authors American Business Law Journal © 2016 Academy of Legal Studies in Business

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