Magistrate Judge Sallie Kim sided on Friday with BlackBerry on two issues in a gender discrimination case filed by a former employee of the company in California. Kim dismissed an allegation against BlackBerry of failure to promptly pay wages, and one against now-CEO John Giamatteo of wage discrimination based on sex. The plaintiff, filing as Jane Doe, has claimed she was sexually harassed by Giamatteo after he became president of BlackBerry’s cybersecurity business in October 2021, then faced reprisals for reporting his misconduct. (The Logic, The Canadian Press)
Talking point: There is more to come in the case, which BlackBerry is contesting, as the original complaint listed eight causes of action. On Friday, Kim issued two other dismissals, striking the portion of the plaintiff’s wage discrimination claim that targeted BlackBerry, as well as a complaint against both the company and Giamatteo of fostering a hostile work environment. But the judge did so “without prejudice,” meaning Doe can file them with revised arguments. Anthony Tartaglio, one of Doe’s lawyers, said in an email to The Logic the ruling “may unintentionally create an almost insurmountable barrier” for harassment victims.