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A judge in California has thrown out parts of a lawsuit that accuses Waterloo, Ont.-based BlackBerry Ltd. and chief executive John Giamatteo of wage discrimination based on gender and creating a hostile work environment, although the majority of the claims still stand.
The lawsuit was filed in April by a woman under the pseudonym Jane Doe just months after Giamatteo took over as CEO, and it alleges that he sexually harassed her and that she was wrongly terminated.
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In an 18-page ruling, magistrate judge Sallie Kim dismissed one of the plaintiff’s claims of a hostile work environment, saying that she failed to allege “pervasive” or “severe” harassment as required under the statute cited. Kim also dismissed one of the plaintiff’s claims for failing to promptly pay wages, saying there were not enough details in her complaint.
Both claims were dismissed with prejudice, meaning they cannot be restated in an amended complaint. But the plaintiff alleges eight claims in her complaint, including separate claims under different statutes for a hostile work environment and discrimination in the payment of wages based on sex. The judge also dismissed two other claims, but without prejudice, giving the plaintiff until Aug. 19 to amend and refile her complaint.
Nonetheless, BlackBerry issued a statement that praised the judge’s ruling.
“Prior to any lawsuit, we conducted a thorough investigation of plaintiff’s harassment allegations and found them to be without merit, and we are pleased to see the court’s ruling confirm that,” the statement said. “We look forward to vigorously defending against the remainder of plaintiff’s claims, which are similarly unfounded.”
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The plaintiff’s attorney, Maria Bourn of Gomerman, Bourn & Associates in San Francisco, declined to comment.
Bourn had said the lawsuit was filed in California, where the plaintiff resides and was done anonymously to protect her from future retaliation.
Plaintiffs are allowed to file certain lawsuits anonymously in California, although Kim noted they are supposed to seek permission from the courts, which the judge said did not happen in this case. The judge also said that the lack of specifics about her role, including her title and other things, meant one of her claims lacked enough detail to survive a motion to dismiss.
The lawsuit states that the plaintiff worked at BlackBerry for more than a decade and was continuously promoted until she eventually joined the executive team.
Giamatteo joined the company in October 2021 as president of its cybersecurity division and became CEO in December 2023.
The lawsuit alleges that he clashed with the plaintiff, asking her to report to him, which she rejected, among other allegations. Eventually, she reported him to the human resources department.
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Her lawsuit claims she was terminated shortly before Giamatteo became CEO.
• Email: gfriedman@postmedia.com
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