In a recent case, Medina v. La Oficina of Queens, Inc., No. 508369/2016, 2023 WL 5277718 (N.Y. Sup Ct, Kings County Aug. 14, 2023), the court awarded the plaintiff (on default) $30,000 in damages for her emotional distress arising from alleged sexual harassment.
The court’s analysis is instructive as to how courts assess these damages in this type of case.
From the decision:
Here, the plaintiff offered no direct evidence of the severity of her injury or its consequences. The plaintiff offered no evidence that she received medical treatment for her emotional distress. There is no evidence of the likely psychological impact of the incident at issue. There is no evidence she ever sought psychiatric treatment. There is no suggestion of suicidal ideation. Indeed, the plaintiff did not offer any specific testimony at all. But this last fact is not disabling. This Court can imply that the plaintiff suffered injury from the basic facts. The plaintiff learned that she was watched as she changed in a changing area, she was made to suffer unwanted touching and unwelcome remarks about her body parts. She was asked to perform an oral sex act in order to get better shifts. She had the fortitude to refuse this invitation but there can be no doubt it cost her job. Stoupas is said to know of the sexually inappropriate behavior but did nothing about it. The absence of substantial proof of grievous harm leads this Court to find that the defendants’ behavior must realistically be considered to fall on the low end of the continuum.
Accordingly, based on the available proof, that $30,000 was sufficient to compensate the plaintiff for the emotional distress she suffered.