U.S. court tosses hostile workplace, pay discrimination claims against BlackBerry

The Blackberry logo located in the front of the company's B building in Waterloo, Ont., Tuesday, May 29, 2018. (THE CANADIAN PRESS/Andrew Ryan)

A U.S. court has closed the door on "hostile work environment” and wage discrimination claims made by a former BlackBerry Ltd. executive who accused the company's CEO of sexually harassing her and then retaliating against her when she reported the behaviour.

U.S. magistrate judge Sallie Kim granted BlackBerry and John Giamatteo's request in July to turf some claims made by former chief marketing officer Neelam Sandhu but offered her a chance to amend her complaint to provide additional details supporting her allegations.

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Court records show Kim officially dismissed the hostile work environment and wage discrimination claims late Thursday after being unmoved by additional filings made by Sandhu's lawyers.

Sandhu, who spent 14 years at BlackBerry, filed a lawsuit in a California court in April under the name Jane Doe, but later forged ahead with her real name when Kim told her for the case to proceed under the pseudonym, she needed court permission.

Sandhu alleged Giamatteo had "tried to get close to her" and "woo" her after he became president of the company's cybersecurity business in October 2021.

She also said Giamatteo suggested the pair travel together and that at a dinner she considered a business meeting, he allegedly recounted how people mistake him for "a dirty old man" out on a date when he’s with his daughters because of how he dresses.

Sandhu said she reported the behaviour to BlackBerry but then found herself excluded from meetings and heard Giamatteo had started telling staff he wanted to get her "out." Later, she said she was told she was being terminated effective immediately as part of a restructuring.

Sandhu alleged her treatment constituted harassment and she said the company had fostered a “hostile” work environment where wage discrimination based on sex took place.

Kim ruled that alleged instances where Giamatteo asked Sandhu whether she'd work for him so they could travel together and the comment about being out with his daughters could "put a reasonable woman ill at ease."

However, she agreed with BlackBerry and Giamatteo that these alleged incidents do not constitute severe or pervasive harassment.

Kim also dismissed wage discrimination allegations Sandhu made that suggested the company's presidents were paid more for doing less work than her because the judge found the facts Sandhu provided were not sufficient to plead a claim.

“Because it appears that the comparators had greater responsibility than (the) plaintiff, their greater pay does not violate equal pay principles,” Kim wrote in her court order.

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Kim’s order dismissed the claims with prejudice, which makes the ruling conclusive and prevents it from being heard again.

“We are pleased that the court has permanently dismissed all claims against Mr. Giamatteo and all harassment and pay disparity claims against BlackBerry,” Camilla Scassellati Sforzolini, a spokesperson for the company, said in a statement.

“The court's ruling clearly indicates that the plaintiff failed to substantiate any of her harassment or pay discrimination claims.”

Maria Bourn, a lawyer representing Sandhu, said the majority of her client's claims remain intact.

"While we respect the court we strongly disagree with this ruling as it does not appear to be consistent with advancements in the law for women's rights," Bourn wrote in a statement.

"This ruling is adverse not only to my client, but to everyone that believes in pay equity."

Blackberry is still facing wrongful termination claims from Sandhu. Scassellati Sforzolini called those claims “baseless.”

This report by The Canadian Press was first published Nov. 22, 2024.