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A U.S. court has dismissed three claims from a former employee of BlackBerry Ltd. who alleges the company’s CEO sexually harassed her and then retaliated against her after she reported the behavior.
U.S. District Judge Sallie Kim on Friday evening granted BlackBerry and John Giamatteo’s request to dismiss a claim that they created a “hostile” work environment, saying the former employee failed to provide evidence that BlackBerry and Giamatteo’s conduct was widespread or severe.
The judge also dismissed the former employee’s claims alleging discrimination in pay practices and the company’s ability to pay wages promptly, finding that the plaintiff had failed to state a claim.
While the judge said the U.S. District Court for the Northern District of California “largely agrees” with BlackBerry, she said it would give the plaintiff the opportunity to amend her complaint to provide additional details to support her allegations against Giamatteo and the Waterloo, Ontario-based technology company.
BlackBerry spokesman Anthony Harrison says the company is pleased with the court’s ruling and looks forward to “vigorously defending” itself against the rest of the plaintiff’s claims, which he calls “without merit.”
Spokespeople and attorneys for the plaintiff did not immediately respond to a request for comment.
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The plaintiff, identified in court documents as Jane Doe, is a woman of color who worked at BlackBerry for more than 10 years.
In April, she filed a claim against the company and Giamatteo, alleging that the CEO had attempted to “get close to” and “woo” her after becoming president of BlackBerry’s cybersecurity division in October 2021.
Shortly after landing the role, she claims Giamatteo suggested the pair go on a trip together. During a dinner she understood was a business meeting, he told her stories about how he dresses up when he’s out with his daughters, causing people to mistake him for “a dirty old man” on a date with them.
After the plaintiff reported the behavior, she discovered she was being excluded from meetings and learned that Giamatteo had told staff he wanted her “gone.”
The company attempted to address her complaint by further separating Giamatteo’s and the plaintiff’s roles. But when John Chen stepped down as CEO and Giamatteo was considered as his replacement, she said she reported his behavior again.
She later said she was told she was being laid off with immediate effect as part of a “restructuring.”
Giamatteo and BlackBerry have disputed her claims, saying she did not lose her job for reporting harassment, but because she was part of a wave of layoffs that saw more than 200 employees let go as the company split its cybersecurity and internet of things divisions.
Previous filings by the company and Giamatteo indicate that the plaintiff’s position did not fit into either segment of the company and that they believed she had “alienated virtually all of her colleagues through years of rude and divisive behavior.”
When the plaintiff first filed her claim, she told The Canadian Press she took legal action because she felt it would not help other women if she were “silenced.”
“I feel like I have a responsibility, especially having worked at an executive level, to help other women, whether that’s other women at BlackBerry, in the industry or more broadly,” she said in April.
“I hope that when they hear my story, it will give them strength.”
© 2024 The Canadian Press
