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Is that what the jury found, though? I thought that they failed to find evidence sufficient enough to show that KP was biased. Showing positive evidence that
by spacehome 11y ago
Is that what the jury found, though? I thought that they failed to find evidence sufficient enough to show that KP was biased. Showing positive evidence that KP is not biased is a somewhat higher bar to clear, no?
- GeorgeOrr 11y agoPretty much yes. The only thing they had to find for the judge to accept their verdict was that she hadn't proven discrimination to 51% certainty. Proving the opposite wasn't required ... but they did anyway. Based on the jury interviews afterwards, they came to the conclusion that she hadn't supported her case because the evidence was positive that she had been fired for performance. They had gone over her claims and reviews of her performance and found that they would have fired her too (my summary, to be clear). She's now expressing concern over the message having to pay costs would send. I'd suggest it sends exactly the right message, she just doesn't like hearing that message.
- spacehome 11y agoOK, makes sense.
- singulaire 11y agoThe standard of proof was preponderance of evidence, meaning that Pao failed to prove that P(KP is biased) > P(KP is not biased), or, alternatively, that the jury found that P(KP is not biased) >= P(KP is biased).