In plaintiff's suit against her former employer for gender discrimination based on disparate treatment and hostile work environment, jury verdict in favor of the defendant is reversed and remanded where: 1) there was not substantial evidence to support the jury's finding that defendant took corrective action to alleviate the abuse to which the plaintiff was subjected; 2) the trial court's decision to instruct the jury on disparate impact, rather than disparate treatment was appropriate, and was not in error; 3) plaintiff has not met her burden of demonstrating that a miscarriage of justice occurred based on deficiency in the special verdict for disparate impact; and 4) because, as pled in the complaint, facts do not rise to the level of malice, oppression or fraud necessary under Civ. Code section 3294 to state a claim for punitive damages, the punitive damages allegations should not be revived on remand.