BlackBerry and CEO John Giamatteo seek to dismiss harassment claims made by a former employee in court
BlackBerry Ltd. and its chief executive John Giamatteo asked a US court to dismiss some of the claims made by a former employee.
The former employee alleges Giamatteo sexually harassed her and retaliated against her after she reported the behaviour, according to BNN Bloomberg.
In a filing made this week in a Northern California court, the Waterloo, Ont., cybersecurity company and Giamatteo argue that the unnamed plaintiff's claims lack merit and contain “falsehoods and mischaracterizations.”
“The allegations made by the plaintiff fall well short of conduct that amounts to sexual harassment or discrimination,” BlackBerry spokesperson Camilla Scassellati Sforzolini stated in an email on Wednesday.
The company and Giamatteo seek to dismiss claims that the plaintiff faced a hostile work environment, discriminatory pay, and unpaid wages. They also want to drop allegations of negligent hiring and failure to prevent harassment and discrimination.
The plaintiff, a woman of colour, told The Canadian Press that Giamatteo “tried to get close to her” and “woo” her after he became the president of BlackBerry's cybersecurity business in October 2021.
Jane Doe claims in court documents that Giamatteo suggested they travel together and, during a dinner she assumed was a business meeting, allegedly shared stories about dressing up when out with his daughters so people would mistake him for “a dirty old man” out on a date with them.
After reporting the behaviour, she says she was excluded from meetings and later informed she was being terminated immediately as part of a “restructuring.”
In the new court filings, the company and Giamatteo argue that the plaintiff lost her job due to a layoff that affected over 200 staff as the firm separated its cybersecurity and internet of things businesses.
They claim her position fit neither portion of the business and that she was “a poor fit to be placed in a new or different role” due to a pattern of “antagonistic and demeaning conduct toward colleagues.”
The documents state that a female employee reporting to the plaintiff took medical leave to “address mental health issues caused by [the] plaintiff’s abusive behaviour,” and another employee quit when the plaintiff insisted, he work around the clock on a weekend to complete a project on an unrealistic timeline.
“Although a favourite of [former BlackBerry chief executive] John Chen, who sponsored her rapid rise, [the] plaintiff alienated virtually all of her peers through years of rude and divisive conduct,” the documents state. They add that the plaintiff was offered the option to resign, but she declined.
The plaintiff’s lawyer, Maria Bourn, responded, saying BlackBerry “performed a sham investigation into Mr. Giamatteo's indefensible behaviour.” She added, “Now they submit a filing that doesn't even tie to the law.”
Days after her client’s termination, BlackBerry named Giamatteo its new chief executive. The plaintiff previously told The Canadian Press that the move shocked her, but she pursued legal action because she felt if she was “silenced,” it would not help other women.
“I feel like I have a responsibility, particularly having been at the executive level, to help other women, whether that is other women in BlackBerry or in the industry or broader than that,” she said in April. “I am hoping that if they can hear my story, that that will help give them strength.”
