Facts

On Aug. 20, 2007, Claudia Ventura, an employee at a Forever 21 warehouse, found out that she was pregnant. She subsequently sued Forever 21 and her supervisor, Ester Olvera, for harassment, failure to accommodate, and intentional infliction of emotional distress in relation to her pregnancy.

PLAINTIFF'S CONTENTIONS:
Ventura claimed that her supervisor failed to accommodate necessary restrictions issued by her doctor and harassed her due to her pregnancy. She alleged that her supervisor sent her to a different department due to the pregnancy, suggested that she go on disability, and asked personal questions regarding her baby's father.

Injuries

Ventura claimed anxiety, depression, emotional distress, and insomnia.

Result

The jury found in favor of plaintiff on her intentional infliction of emotional distress claim and awarded the plaintiff $40,000. The jury also found that Forever 21 acted with malice warranting the award of punitive damages. The jury found in favor of the defense on all other claims.

Other Information

The court dismissed the punitive damages verdict based on plaintiff's failure to prove Forever 21's worth and failure to conduct pre-trial discovery on Forever 21's finances.

Deliberation

1.5 days

Poll

11-1 (emotional distress), 9-3 (punitive damages)

Length

10 days