Court Upholds Plaintiff Jury Verdict in Gender/Pregnancy Discrimination Case

In Santana et al v. G.E.M. Medical Management (NY Sup. Ct. Bx. Cty 0305261/2008 Oct. 20, 2017), the court (inter alia) denied defendant’s motion, under CPLR 4404(a), to set aside a jury verdict in favor of plaintiffs on their claims of gender/pregnancy discrimination.

The court noted that “[t]he jury’s determination is supported by evidence presented at trial by plaintiffs that they were harassed once they were known or suspected of being pregnant and then fired.”

It also held that the jury’s award of $1.5 million to each plaintiff for compensatory/emotional distress damages was excessive (and remitted that award to $500,000 per plaintiff), but that the jury’s award of $500,000 to each plaintiff for punitive damages ($1.5 million total) was not excessive.

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