On May 23, 2018, a jury in Suffolk County Superior Court in Boston, Massachusetts, rendered a verdict against Brigham and Women’s Hospital, holding them responsible for retaliation. They subsequently granted a substantial monetary award of $28 million to a nurse involved in the case.
The lawsuit originated when two Haitian-American nurses filed a joint legal action against Brigham and Women’s Hospital, namely, Gessy Toussaint and Nirva Berthold. Berthold contended that her application for a higher-paying position in 2013 was rejected based on her race. Toussaint, aged 70, claimed that she faced retaliation from the Hospital after she advocated for Berthold’s rights. It’s worth noting that Toussaint’s claims were separated from Berthold’s, with the latter set to be addressed in a subsequent trial later in the same year.
During the two-week trial about Toussaint’s allegations of discrimination and retaliation, she asserted that the Hospital initiated an investigation into her work-related complaints only after she had come to Berthold’s defense. The Hospital had not addressed any of these complaints with Toussaint before she supported Berthold’s case.
While the jury ruled in favor of the Hospital regarding the discrimination claims, they granted Toussaint a significant award, which included $463,000 for lost wages, $2.75 million for emotional distress, and $25 million in punitive damages. Brigham and Women’s Hospital intends to appeal this substantial $28 million verdict.
Lessons learned from the case:
- Retaliation remains one of the most costly mistakes in workplace disputes. Even when a jury rejects discrimination claims, punishing an employee for speaking up can lead to enormous verdicts, as shown by the $25 million in punitive damages awarded here.
- The trial also highlights how race-related allegations in hiring and promotion decisions can escalate into protracted litigation. Once bias becomes part of the record, organizations risk reputational damage and years of courtroom battles.
- Finally, the outcome illustrates how discrimination and retaliation claims can produce split results. A jury may dismiss one but uphold the other, leaving both sides with partial victories and lengthy appeals ahead.
Learn more about Massachusetts Labor Laws through our detailed guide.
