Since When is Filing a Frivolous Lawsuit Heroic? – Ep. 66
The Peter Schiff Show Podcast
Peter Schiff
4.6 • 5.9K Ratings
🗓️ 31 March 2015
⏱️ 25 minutes
🧾️ Download transcript
Summary
* If an employee sues an employer falsely, the employer has no recourse, because it could be interpreted as retaliation
* Ms. Pao lost not only on her discrimination claim, she also lost on claim that she was retaliated against
* The big problem is the reaction in the media
* The tone in the press is supportive to Ms. Pao, even though she was not telling the truth
* She was suing for $16 million - her motive was greed
* This is not a "victory for women" - it is a loss
* The suit makes employers reticent to risk false gender-based accusations
* The press promise more sexual discrimination cases in the pipeline, suggesting someone might "get lucky"
* Most gender-based lawsuits are never litigated - they are settled for cash
* Employers are not going to discriminate based on gender
* Gender discrimination is a poor business strategy
* This case sends a loud message to employers to avoid the risk of gender based discrimination by avoiding women
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Transcript
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| 0:00.0 | The Peter Schiff Show. |
| 0:08.8 | I want to do a follow up podcast with my reaction to the verdict in the gender discrimination |
| 0:17.7 | lawsuit filed against a Clinder Perkins by Ellen Powell. |
| 0:24.1 | I did a podcast when the final arguments were made before we received the verdict. |
| 0:31.1 | I gave my thoughts on this case. |
| 0:34.4 | If you haven't listened to that podcast, you should make a point of also listening to |
| 0:38.6 | that one if you're interested in this topic. |
| 0:42.1 | But now that we have a verdict, I want to speak a little bit more on the subject. |
| 0:47.9 | The verdict, if you haven't heard, was against the plaintiff. |
| 0:55.2 | Miss Powell was denied the relief she saw. |
| 0:58.5 | I think she was looking for $16 million, a $16 million payday. |
| 1:05.0 | She claimed that she was not promoted and then later fired because of her gender. |
| 1:12.0 | Although the firing was not necessarily because of her gender, she claimed that she was fired |
| 1:16.8 | as a retaliation for the fact that she filed a lawsuit against her employer for not promoting |
| 1:25.3 | her, which is also another problem in and of itself. |
| 1:29.2 | If you sue your employer falsely, and as I will get to in a minute, the jury concluded |
| 1:35.4 | that the lawsuit lacked merit that it was frivolous, that it was false, that there had been discrimination, |
| 1:41.6 | they would have found in her favor. |
| 1:43.6 | If you are an employer and you are hit with a lawsuit that you believe is false, you |
| 1:49.2 | cannot fire your employee for filing that false lawsuit because that is retaliation. |
| 1:56.4 | The same thing happened to me. |
| 1:58.5 | I had an employee who was male and didn't file a discrimination lawsuit against me, but |
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