The BlackBerry logo on the front of the company's building in Waterloo, Ont. on May 29, 2018.Andrew Ryan/The Canadian Press
A former BlackBerry Ltd. BB-T executive suing the company and CEO John Giamatteo for sexual harassment, discrimination and wrongful termination is continuing her legal pursuit under her real name.
Neelam Sandhu, BlackBerry’s former chief marketing officer, had sued in U.S. District Court for the Northern District of California in April under the pseudonym Jane Doe, but did not obtain court approval to do so anonymously. At a hearing in July, magistrate judge Sallie Kim directed her to move for permission to keep using a pseudonym. Instead, Ms. Sandhu voluntarily proceeded under her given name.
But in a court filing this month, she responded that she did so reluctantly, blaming BlackBerry and saying that she had hoped to remain anonymous “to avoid further retaliatory actions.”
“The process of seeking justice in gender discrimination lawsuits is emotionally draining, and the stress of public scrutiny only exacerbates the trauma,” her response stated. “Plaintiff hoped to remain Jane Doe to rebuild her life and career with a sense of security.”
Judge Kim in July dismissed three of eight claims by Ms. Sandhu, siding with BlackBerry that the allegations do not support a claim for a hostile work environment because the plaintiff failed to demonstrate pervasive or severe harassment that altered her employment conditions. She added that the complaint “contains a multitude of bald assertions of legal conclusions, as well as vague allegations.”
But the judge did not grant the company’s request to strike from a fourth claim all references to “harassment and discrimination.” Instead, she gave Ms. Sandhu until this week to file an amended complaint to add supporting facts or details, which she did.
Ms. Sandhu alleged in her claim that despite being a high performer who won a string of promotions, her career was derailed after Mr. Giamatteo’s arrival as president of the cybersecurity business in October, 2021.
In her amended claim, Ms. Sandhu, who had both the titles of chief marketing officer and chief elite customer success officer, argued that she was underpaid compared with the presidents of BlackBerry’s two divisions despite performing “substantially similar work under similar circumstances.”
Mr. Giamatteo was named chief executive on Dec. 8, 2023, succeeding John Chen, weeks after an employee anonymously filed a sexual-harassment complaint against the incoming leader. An outside law firm investigated the complaint and found no wrongdoing or violations of its code of conduct. Ms. Sandhu’s amended claim calls the investigation “a sham.”
Four days before Mr. Giamatteo’s appointment, and soon after she talked to investigators, Ms. Sandhu was told by interim CEO Richard Lynch that she was being terminated. She called it “inconceivable” in her amended claim that this could happen without Mr. Giamatteo’s approval. BlackBerry said in a court filing that the plaintiff was let go in a corporate restructuring and because of her “habitual mistreatment” of co-workers.
Ms. Sandhu alleges that she rejected an invitation from Mr. Giamatteo after his arrival in 2021 to travel together and work for him, and that they attended a dinner during which he made her uncomfortable and tried to get close and woo her.
She provided new details in her amended claim, alleging that Mr. Giamatteo came to the dinner dressed up, “wearing a lot of aftershave,” made unwelcome sexual advances and that his behaviours and body language exhibited sexual undertones. She alleges that he looked her “up and down” when they met and tried to touch her hands and arms at dinner.
After she reported the incident to Mr. Chen, she alleges that Mr. Giamatteo stopped inviting her to meetings and spread rumours that she wasn’t a good collaborator and sabotaged her career.
Ms. Sandhu’s amended claim adds that a “boys club” of white male executives routinely engaged in gender-based harassment by excluding her from meetings and e-mails relevant to her roles, talked over her and laughed at her when she talked in meetings, took credit for her work, minimized her achievements and encouraged her to quit. She said the conduct happened daily. “Male co-workers were not treated this way.”
Ms. Sandhu also reported Mr. Giamatteo’s alleged retaliation to the human-resources department in early 2023. She alleged that her treatment violated the U.S. labour code and California employment law.
BlackBerry has characterized Ms. Sandhu as a favourite of Mr. Chen, who “sponsored her rapid rise” and created a unique position for her, but that she “alienated virtually all of her peers through years of rude and divisive conduct,” creating “a negative and toxic culture.”
BlackBerry said last fall that it would split into two businesses focusing on cybersecurity and internet-connected automobiles, and cut jobs. It said the plaintiff’s position didn’t fit into either unit. The company has yet to file a statement of defence.
None of the allegations have been tested in court. BlackBerry said in an e-mail Friday that Ms. Sandhu’s claims have “no merit” and that it will “defend vigorously against them.”