. >> reporter: heather mcdonald wrote a scathing op ed in "the wall street journal" about pao's case.in fact, ellen pao was given advantages and a leg up that male comparable employees at kliner perkins were not given. >> some of those negative comments and some of the critics i think might say that women play the gender card when the truth is they just aren't that good. so when people accuse you of just, hey, she couldn't cut it and she's just crying foul regarding gender. what's your response to that? >> i can't really talk about my case. so i can tell you that it's from a broader perspective, it's a harder issue for people to really confront. it's either society has this problem and it's hard to fix, or this woman has a problem and let's just ignore it. >> reporter: pao may have lost this battle but she's not raising a white flag yet in her case against kliner. >> is the road ending here for you in terms of your legal recourse? where does that stand? >> we are not talking about it. we're still in the midst of making some decisions. >> about whether you will in fact appeal the case?