Facts

Plaintiff Kim Muniz was a former employee of United Parcel Service Inc. (UPS). Plaintiff filed suit against UPS alleging gender and age discrimination, retaliation, and negligent hiring, training, and supervision.

The court granted summary judgment to the defense on certain claims; plaintiff dismissed others. The case went to trial on the three remaining gender discrimination claims.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended she was double demoted on account of a gender-based job action. Plaintiff further contended she lost salary and other forms of compensation from UPS.

DEFENDANT'S CONTENTIONS:
UPS argued that the various adverse actions plaintiff alleged (the denial of a stock bonus in 2008, her placement on a performance improvement plan, and her demotion in October 2008) were based on her poor performance, including her failure to achieve the goals set on her performance improvement plan, and had nothing to do with her gender. UPS further argued that, to the extent that Plaintiff's gender influenced the alleged adverse actions, UPS would have made the same decisions regardless.

Specials in Evidence

Plaintiff sought to recover $7,900 in past medical bills. Plaintiff sought $9,960 in lost wages, $13,572 in lost bonuses, $33,660 in lost stock awards. Plaintiff sought to recover $495,453 lost future wages and $53,000 in lost future stock awards. Plaintiff sought to recover $2,500 per year in prescription costs.

Damages

Plaintiff sought to recover $300,000 in past emotional distress and $175,000 in future emotional distress.

Result

The jury found UPS demoted Muniz based on unlawful gender-based discrimination in connection with the 2008 demotion. The jury awarded $17,290 in economic damages and $9,990 in non-economic damages. The jury found in favor of the defense on the two remaining claims of gender discrimination.

Other Information

Plaintiff's application for statutory attorney fees and costs will be filed in accordance with FRCP and Local Rules.

Deliberation

seven hours

Length

10 days