BlackBerry and CEO John Giamatteo had asked a U.S. court to dismiss some of the claims made by a former employee who alleges Giamatteo sexually harassed her and then retaliated against her after she reported the behaviour.
A judge in Californai has now dismissed three of the eight charges brought against BlackBerry and its CEO, John Giamatteo, over sexual harassment, discrimination and wrongful termination.
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.
“The Court largely agrees with BlackBerry,” Carolina Magistrate Judge Sallie Kim said in a filing while adding that the case “lacked substance.”
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.”
Giamatteo and the company are beng sued by a former executive at the company for what she alleges was a pattern of sexual harassment, gender discrimination and retaliation, which BlackBerry knew of before making him CEO, she claimed. She claims she was fired days before Giamatteo’s ascension was announced.
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.
