Antilla 2015 Awards

Earlier this month, the New York press club The Society of the Silurians said I’d won its “Excellence in Journalism” award for my online columns for TheStreet.com.

From the judges: “In these searing columns, Antilla highlights the anti-consumer sentiment that has taken hold of significant portions of the Republican Party as it attempts to distance agencies such as the Consumer Financial Protection Bureau.”

My stories also have been entered into the national competition for The National Federation of Press Women, which said this week that I’d won first place in two of its “at-large” contests, which include 27 states that don’t have direct affiliations with NFPW. One winning entry was for my columns for TheStreet about the fleecing of senior citizens by stock brokers. A second winning entry was in the feature category, for my article in The New York Times about sex discrimination at Sterling Jewelers, the biggest retail jewelry operation in the United States. The winners in the “at large” categories have been entered into NFPW’s national competition.

Like Anita Hill vs. Clarence Thomas, Ellen Pao Lost Kleiner Perkins Gender Fight But Women Gained

Sometimes, even a loss can be a win.

A San Francisco jury said last month that Kleiner Perkins Caufield & Byers did not discriminate or retaliate against its former junior partner, Ellen Pao. From my column for TheStreet.com:

The four-week trial had received intense media coverage for its allegations of porn-star talk in business settings and exclusion of women from company events. Rather than invite a woman on a company ski trip, “Why don’t we punt on her and find 2 guys who are awesome?” a Kleiner partner suggested in an email.

Pao lost. But women didn’t. The case brought huge attention to workplace issues that rarely get aired. Most employers require employees to agree to give up their right to sue before they even show up for the first day of work. So-called “mandatory arbitration” agreements keep gender discrimination complaints out of the public eye, and leave violators of our discrimination laws unaccountable.

You can read my column here.

Ellen Pao’s Case Against Kleiner Perkins Has Porn Star Talk, High Stakes for Women

Twenty years ago, there was Smith Barney’s Boom-Boom Room. Today, it’s Ellen Pao v Kleiner Perkins, the very high-profile sex discrimination trial that’s been going on for four weeks in San Francisco Superior Court.

Pao was a junior partner at Kleiner from 2005 to 2012, when she was fired. She says the firm discriminated against her, leaving her out of important meetings and passing her over for promotion while men moved ahead. Kleiner says she was a difficult employee who had a “female chip on the shoulder.” I wrote about it in my column today for TheStreet.com:

Among the affronts she has shared with the jury are the story of the female partner on a business trip who opened her hotel room door to see an uninvited Kleiner partner holding a bottle of wine and wearing his bathrobe; the co-ed business flight on a private jet where the conversation turned to porn stars; and the Kleiner meeting where a male partner approached a female partner to ask her to take notes. When the woman declined, he asked Pao to do it.

If Pao loses, it won’t bode well for women with grievances in the future. Women considering a lawsuit could wind up being warned “You know what happened to the woman in San Francisco,” said Linda Friedman, the Chicago lawyer who brought gender suits against brokerage firm Olde Discount Corp. in 1995, Smith Barney in 1996 and Merrill Lynch in 1997. You can read my story here.

 

4 Things Kleiner Perkins Doesn’t Want Jury to Hear in Ellen Pao’s Sex Bias Case

Oral arguments are expected to begin Tuesday in the sex discrimination case against the powerful Silicon Valley venture capital firm Kleiner Perkins Caufield & Byers.

Ellen Pao, who sued Kleiner nearly three years ago, accused the firm of gender discrimination, failure to prevent discrimination and retaliation. I wrote about her case in my column for TheStreet last week.

Pao, who is interim CEO of the micro-blogging site Reddit, says that after she complained of discrimination at Kleiner, she went from being a star among junior partners to an employee viewed as a whiner who had “issues and clashes” with colleagues. She says one coworker badgered her into having an affair, and that a partner at the firm gave her a copy of a book of poetry with sexual imagery.

Kleiner has asked the judge to clear the courtroom when there’s evidence being presented about its proprietary business information and financial performance, among other things. Even if it wins on that motion, there are sure to be plenty of fireworks that remain for public consumption.

When Pao filed her suit in 2012, I noted this about the sad history of women in the workplace a column for Bloomberg View:

Twelve of Kleiner’s 49 partners are women, and in the venture-capital business, that’s considered very, very good. How is it that 20 years after Anita Hill broke the silence about gender discrimination and harassment at work, there are still companies that can take a bow for being gender-equality heroes when 75 percent of their leaders are men?

You can read the Bloomberg column here. The more recent column for the Street is here.

Internal Memo at Sterling Jewelers: Men Make 12.5% More Than Women

In the ongoing gender discrimination case against Sterling Jewelers, owner of Kay Jewelers, Jared the Galleria of Jewelers and 10 other chains, an arbitrator this week released a 118-page opinion that moves the fight to a new stage and reveals new information about pay disparities and sexual harassment.

Kathleen Roberts, a former U.S. magistrate judge and an arbitrator at JAMS in New York, said that the women may proceed as a class with their claim challenging Sterling’s pay and promotion practices. She declined to let them proceed with another claim of intentional discrimination.

Because it’s private arbitration, most of the documents are not public. But the law firm for the women was permitted to post Judge Roberts’ opinion so that the thousands of women in the class would have details about this next stage in their case.

The judge referred to several internal company memos that show that Sterling has been aware of pay disparities between men and women for years. From my story in The New York Times on Feb. 3:

In her ruling, the judge cited an internal company memo from 2006 that said female hourly sales employees made 40 cents less an hour than their male counterparts on average, adding up to more than seven million annual affected hours. A memo the next year said that men at Sterling’s stores, which include Jared the Galleria of Jewelry, were paid 12.5 percent more base pay than women and that women at the management level were getting higher performance scores but receiving lower pay increases than men.

The judge also talked about evidence of sexual harassment. More from my NY Times story:

Women in some cases were expected to undress publicly at company events and “accede to sexual overtures,” the judge wrote. She cited evidence of “references to women in sexual and vulgar ways, groping and grabbing women” and soliciting sexual relations, sometimes as a quid pro quo for job benefits.

You can read my story here. The judge’s opinion is here. And a story that I wrote for The Times about the case last year is here. Sterling has 1,700 stores in all 50 states. Chances are you’ve done business with some of these guys at your local mall.

Can Goldman Sachs’ Women Make the Cut at ‘Extreme Jobs?’

Here’s the latest in the long-running battle between Goldman Sachs and the women who sued the firm in 2010 for gender discrimination:

Both sides in recent weeks have filed dozens of briefs and exhibits, mostly focused on the women’s request earlier this year that the court grant them class status so that they can represent 2,300 current and former associates and vice presidents who allegedly were discriminated against in pay and promotion policies. Among issues that have come up: Whether women at so-called “extreme jobs” like the ones at Goldman simply can’t cut it.

Goldman trotted out Michael A. Campion, a Purdue University management professor, to make the  case. While Campion testified that he did not have the data to draw a conclusion as to whether women make less because of the demands of an extreme job, he said it is “plausible” and that “it’s a consideration that’s not minor.” I talk about Campion’s theory in my column today for TheStreet Foundation.

Goldman Sachs Doesn’t Want to Be Known as Misogynist ‘Vampire Squid’

On July 3, Goldman, Sachs & Co. submitted a 74-page memorandum of law and declarations of 27 Goldman Sachs witnesses to Judge James C. Francis of the U.S. District Court for the Southern District of New York and to three women who are suing the firm for gender discrimination.

So where are the documents?

The high-profile case of Cristina Chen-Oster et al. v. Goldman, Sachs & Co. et al. has been going on since Chen-Oster and two other former Goldman women sued in 2010. On July 1, the women’s lawyers filed a brief asking the court to certify them as a class. I wrote about the heavily redacted document in this story for TheStreet.

On July 3, Goldman filed its response. But 16 days later, it still is not on the court docket.

As it turns out, Goldman has been at work redacting that document over the past two weeks, and you can’t help but wonder what it is that the firm is so hellbent on keeping from the public. I raised that question in my latest column for TheStreet. You can read it here.