The Court held that it was reasonable for the jury to find she was discriminated against on the basis of sex because the CEO gave her a promise in writing that she would be reviewed for promotion to Vice President but never did so, and ultimately terminated her employment. The court also found male executives with poor performance records were treated more favorably. Another man was fired as vice president of marketing due to deficient performance, but was rehired less than a year later into a higher position of senior vice president of the Northeast Region, and was transferred to the position of senior vice president of sales and partnership even though his performance was again found to be unsatisfactory.
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