Damages

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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…

Read More Court Awards $75,000 in Emotional Distress Damages on Employment Discrimination Claims
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In Pizarro v. Quezada et al, No. 24-2422, 2025 WL 2865251 (2d Cir. Oct. 9, 2025) (Summary Order), the U.S. Court of Appeals for the Second Circuit, inter alia, affirmed a lower court order denying defendants’ motion seeking remittitur of the jury’s award of $1.75 million in compensatory (emotional distress) damages. In sum, plaintiff alleged…

Read More 2nd Circuit Upholds $1.75 Million Emotional Distress Award to Sexual Harassment Plaintiff
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In Russo v. Tuttnauer USA Company Limited et al, 21-cv-1720 (JMA)(AYS), 2025 WL 1604063 (E.D.N.Y. June 6, 2025), the court granted defendants’ motion for remittitur as to the jury’s award of $2.5 million for compensatory damages on plaintiff’s hostile work environment claim. The court explained, and applied, the law as follows: Under applicable New York…

Read More Hostile Work Environment Emotional Damages Award of $2.5 Million Remitted to $1 Million
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In United States Equal Employment Opportunity Commission v. McLane/Eastern, Inc., 5:20-cv-1628 (BKS/ML), 2024 WL 5153167 (N.D.N.Y. Dec. 18, 2024), a disability discrimination case, the court, inter alia, denied defendant’s motion for a new trial, finding that the jury’s award of emotional distress damages in the amount of $150,000 was not excessive. From the decision: Emotional…

Read More Court Upholds $150,000 Award to Discrimination Plaintiff in “Garden Variety” Case
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In Percy v. Basil Townsend, No. 16-cv-5304, 2024 WL 2846688 (S.D.N.Y. May 30, 2024), the court, inter alia, denied plaintiff’s motion for prejudgment interest on plaintiff’s compensatory damages award ($125,000) following the jury’s verdict for plaintiff on her hostile work environment claim under the New York State Human Rights Law. From the decision: As an…

Read More Court Rejects Claim for Prejudgment Interest on Compensatory Damages Award on Hostile Work Environment Claim
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In Matter of Commission On Human Rights Ex Rel. Liserny Fernandez, Petitioner v. Gil’s Collision Services Inc. d/b/a D & R Collision Corp. and Gilbert Velez, Jr., 2023 WL 3974499 (N.Y.C. Comm’n on Human Rights May 31, 2023), the NYC Commission on Human Rights, inter alia, found that an award of $275,000 in mental anguish…

Read More $275,000 Emotional Distress Damages Awarded by NYC Commission on Human Rights in Sexual Harassment Case
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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…

Read More Sexual Harassment Plaintiff Awarded $30,000 in Emotional Distress Damages
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Recently-proposed New York State legislation (A2865/S17) would make it more difficult for defendants to overturn employment discrimination damage awards. In sum, the law “[p]rovides that the court shall not reduce jury awards as excessive in employment discrimination actions unless the court finds that the proponent has proven by clear and convincing evidence that the verdict…

Read More Proposed New York Legislation Would Restrict Judicial Review of Employment Discrimination Damage Awards
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In Zepeda v. Halftime Bar & Grill Corp., 2023 WL 266504 (E.D.N.Y. Jan. 18, 2023), a hostile work environment/sexual harassment case, the court, inter alia, awarded plaintiff $25,000 in emotional distress damages following defendants’ default. From the decision: For “garden variety” emotional distress claims, where a plaintiff did not seek medical treatment but the plaintiff’s…

Read More Sexual Harassment Plaintiff Awarded $25,000 in Emotional Distress Damages Following Defendants’ Default
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In a recent decision, Cummings v. Premier Rehab Keller, P.L.L.C., 142 S.Ct. 1562 (U.S. April 28, 2022), the U.S. Supreme Court held that emotional distress damages are not recoverable under the Rehabilitation Act of 1973 or the Patient Protection and Affordable Care Act (ACA), which Congress enacted under the Constitution’s “Spending Clause” (U.S. Constitution, Article…

Read More SCOTUS: Emotional Distress Damages Unavailable Under “Spending Clause” Antidiscrimination Laws
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