What Workers Can Learn from the BlackBerry Harassment and Wrongful Termination Lawsuit

Standing up to unlawful treatment can feel like an uphill battle for many workers, particularly when faced with powerful employers. A recent lawsuit against BlackBerry Ltd. underscores the challenges employees may encounter when navigating claims of sexual harassment, discrimination, wrongful termination and other workplace issues.

A former chief marketing officer at BlackBerry alleged that the company and its CEO, John Giamatteo, subjected her to sexual harassment and wage discrimination. Plaintiff Neelam Sandhu initially filed her complaint in April. She later amended her claims to include further details, citing gender-based harassment and retaliation after she reported the inappropriate behavior.

A judge of the U.S. District Court for the Northern District of California ultimately dismissed her key claims, finding they failed to meet California’s legal thresholds for harassment and wage discrimination. One of the central issues in Sandhu’s lawsuit was her allegation that Giamatteo exhibited behavior that made her uncomfortable. She claimed that he invited her to travel together for work and made unwelcome advances during a dinner meeting, including inappropriate comments and physical gestures.

Under California law, sexual harassment does not have to occur inside an office to be unlawful. It can take place in various situations during the course of employment, such as at an offsite company event or even on online platforms.

Sandhu described how Giamatteo stopped inviting her to meetings and spread rumors about her after she reported his conduct, actions she alleged sabotaged her career. She further accused BlackBerry’s leadership of fostering a “boys’ club” workplace culture where gender-based harassment occurred routinely.

While the allegations paint a troubling picture, the judge ruled that the behavior Sandhu described did not rise to the level of severe or pervasive harassment as defined under California law. Even though the court acknowledged that the alleged incidents could reasonably make someone uncomfortable, they did not meet the legal standard for a hostile work environment, which requires conduct to be significantly disruptive to an employee’s ability to work.

For workers pursuing sexual harassment claims, this ruling emphasizes the importance of documenting specific, recurring instances of inappropriate behavior to show their impact on working conditions. Additionally, an experienced employment lawyer can help you determine whether you have grounds to file a hostile work environment claim against your employer.

Sandhu also brought a wage discrimination claim against BlackBerry, alleging she was paid less than male executives for performing “substantially similar work under similar circumstances.” However, the court found that her job duties were not comparable to those of the division presidents she cited. Without enough evidence to support her claim, the court also dismissed this allegation.

While Sandhu’s claims of harassment and wage discrimination were dismissed, the case is not over. BlackBerry still faces a wrongful termination claim. Wrongful termination cases often hinge on proving that an employer’s stated reason for dismissal was a pretext to hide unlawful treatment, such as retaliation or discrimination.

Employers may argue that adverse actions, such as terminations, result from legitimate business reasons rather than retaliation. In Sandhu’s case, BlackBerry claimed her termination occurred due to a restructuring and her alleged mistreatment of coworkers. On the other hand, Sandhu argued that her firing occurred shortly after she reported sexual harassment, suggesting retaliation. 

If you experience unlawful treatment in the workplace, try to document every incident in detail. Keep records of offensive comments and behaviors, as well as any witnesses who may have seen the misconduct occur. Report wrongdoing to human resources and hold on to all communication regarding the complaint. Strong evidence can make all the difference between a case being dismissed or moving forward in court.

If you believe you have been subjected to sexual harassment, discrimination, wrongful termination, retaliation or other unlawful treatment in the workplace, McCormack Law Firm is here to help. Our experienced San Francisco employment lawyers are dedicated to protecting workers’ rights and holding employers accountable for illegal practices. Contact us today for a free initial consultation to discuss your case.