Turman

Appellant Joyce Turman sued her former employer, respondent Turning Point of Central California, Inc., for gender discrimination based on disparate treatment and a hostile work environment. At the conclusion of the evidence at trial, the court instructed the jury on disparate impact rather than disparate treatment, opining that the evidence produced at trial supported the former. The jury returned a verdict in favor of respondent, specifically finding that respondent did not have an employment practice that had a disproportionate effect on women. In addition, the jury found that while appellant was subjected to a hostile work environment, respondent did not fail to take immediate and corrective action to alleviate the harassment.

On appeal, appellant claims there was not substantial evidence to support the jury’s finding that defendant did not fail to take immediate and corrective action to alleviate appellant’s hostile work environment. In addition, appellant asserts the trial court erred by failing to instruct the jury on disparate treatment. Appellant also asks that in the event we remand the matter for a new trial, her punitive damages allegations be…