In Alwakzeh v. NYC School Support Services Inc., No. 161852/2023, 2025 WL 2962243 (N.Y. Sup. Ct. Oct. 17, 2025), the court ruled on plaintiff’s claim for damages following an inquest on plaintiff’s claims of employment discrimination (based on religion and national origin) under the New York City Human Rights Law.
As to plaintiff’s claim for emotional distress damages, the court explained why plaintiff was entitled to $75,000 for emotional suffering:
As to plaintiff’s claim for past emotional damages sought under the New York City Human Rights Law, “[t]he relevant standard in awarding emotional distress is whether a reasonable person of average sensibilities could fairly be expected to suffer mental anguish from the incident.” Commn. on Human Rights ex rel. Rahman v. Revival Physical Therapy & Rehabilitation Servs., Index No. 1796/24, slip op., at 19 (N.Y.C. Office of Admin. Trials & Hearings May 22, 2025), citing, Batavia Lodge No. 196 v. N.Y.S. Div. of Human Rights, 35 N.Y.2d 143 (1974), revg. and adopting dissenting op., 43 A.D.2d 807, 810 (4th Dept. 1973). Courts have also found that “[m]ental injury may be proven by the complainant’s own testimony,” and that “[p]sychiatric or other medical treatment is not a precondition to recovery.” Id., citing, N.Y.C. Transit Auth. v. N.Y.S. Div. of Human Rights, 78 N.Y.2d 207, 216 (1991). I find that the circumstances presented – that plaintiff was verbally assaulted for his heritage and religious faith, prevented from practicing his faith, and eventually terminated out of sectarian animus – are abhorrent and completely contrary to the common will dating to the Flushing Remonstrance. That the origins of religious tolerance on this continent arise from what is now New York only amplifies the disturbing character of defendant’s actions and bolster finding that plaintiff’s unrefuted testimony of lasting emotional effects is reasonable. The amount sought is also consistent with other awards concerning similar conduct and effect in violation of the New York City Human Rights Law. See, e.g., Id., at 21 (collecting authorities); and Commn. on Human Rights ex rel. Cazares v. INS Handbags, Inc., Index No. 1075/20, slip op., at 13-15 (N.Y.C Commn. on Human Rights Mar. 18, 2025) (rejecting report and recommendation in part and ordering upward modification of emotional distress damages award to $75,000).
Accordingly, the court found that plaintiff’s demand for emotional distress damages was reasonable as sought.