In Caicedo v. BTB 27th Inc., No. 150299/2019, 2026 WL 1047065 (N.Y. Sup. Ct. Apr. 16, 2026), the court, upon defendant’s default, assessed the damages sought by plaintiff on her claims of sexual harassment and race-based harassment, and awarded plaintiff $150,000 in compensatory/emotional distress damages, and $250,000 in punitive damages, under the New York City Human Rights Law (NYCHRL).
The court issued the following findings of fact, based on the testimony presented at the inquest:
Plaintiff was employed by defendant in a food preparation position. During the course of plaintiff’s employment, a supervisory employee repeatedly subjected plaintiff to sexual harassment, including unwanted sexual touching and sexually explicit comments. The conduct included physical contact of a sexual nature and repeated verbal sexual advances. The court finds that this conduct occurred in the workplace and was perpetrated by supervisory personnel acting within the scope of employment. The court further finds that plaintiff was subjected to repeated racial harassment by a managerial employee. The conduct included the use of racial slurs and degrading comments concerning plaintiff’s race and appearance. The court finds that this conduct was unwelcome, offensive, humiliating, and degrading. The court finds that the harassment occurred repeatedly over a period of time. The court credits plaintiff’s testimony that the harassment caused emotional distress, humiliation, embarrassment, anxiety, and loss of dignity. The court finds that plaintiff testified in a credible and forthright manner. The court further finds that defendant BTB 27th Inc. d/b/a Between the Bread Hospitality Group failed to appear in this action and offered no evidence in opposition. The court therefore finds that plaintiff established damages by a fair preponderance of the evidence.
As for liability, the court noted that “[t]he conduct established at the inquest includes repeated sexual harassment, unwanted physical contact, sexually explicit comments, and the use of racial slurs by supervisory personnel” which “constitutes unlawful discrimination and harassment under” the NYCHRL.
As for emotional distress damages, the court noted that “[a] plaintiff who establishes liability under the New York City Human Rights Law is entitled to recover compensatory damages for emotional distress” and found that “plaintiff suffered significant emotional distress as a result of the harassment.”
It reached this conclusion based on the following factors: (1) The repeated nature of the harassment;
(2) The involvement of supervisory personnel; (3) The presence of physical sexual contact; (4) The humiliating and degrading nature of the conduct; and (5) The credible testimony presented at the inquest.
The court found that plaintiff “sustained real and substantial emotional harm,” and awarded plaintiff compensatory damages in the amount of $150,000.