Damages in Employment Cases

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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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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 Legg et al v. Ulster County et al, 2022 WL 909045 (N.D.N.Y. March 29, 2022), the court, inter alia, held that the jury’s award of $200,000 to one sexual harassment plaintiff was excessive, and that under the facts of the case, a new trial would be granted unless they agreed to accept $75,000. The…

Read More Sexual Harassment Plaintiff’s Emotional Distress Damages Remitted to $75,000
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Taxes. The second thing in the oft-quoted sardonic/cynical short list of things that are certain in this life. If and when the settlement of an employment discrimination claim is discussed, consideration must be given to the tax implication of any such settlement, both to the payor employer and payee employee. (For this purpose a tax…

Read More Employment Settlement Subject to Taxation; Did Not Qualify For Section 104(a)(2) “Personal Physical Injuries or Physical Sickness” Exclusion
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In Madrigal v. Montefiore Medical Center et al., No. 12306, 2020-00608, 307949/10E, 2021 N.Y. Slip Op. 00526, 2021 WL 329412 (N.Y.A.D. 1 Dept., Feb. 02, 2021), the court, inter alia, upheld damage awards for plaintiff on her gender discrimination, sexual harassment, and retaliation claims. (The court’s discussion of liability is discussed here.) A jury awarded…

Read More Court Reverses Damages Reductions in Sexual Harassment Case Against Montefiore Medical Center
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In Tese-Milner v. ATCO Properties & Management, Inc., No. 113902/2007, 2020 WL 6591380 (N.Y. Sup Ct, New York County Nov. 10, 2020), a sex discrimination case, the court, inter alia, upheld a jury verdict of $700,000 in emotional distress/pain and suffering damages. In rendering its decision, the court outlined the evidence relating to the merits,…

Read More Court Upholds $700k Emotional Distress Damages Jury Verdict in Sex Discrimination Case
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In Antoine v. Brooklyn Maids 26, Inc. et al, 19-cv-5676, 2020 WL 5752186 (E.D.N.Y. Sept. 26, 2020), the court, inter alia, awarded a sexual harassment plaintiff $375,000 in punitive damages (on default). This case involves shocking allegations of sexual harassment (which included, in the court’s description, conduct that was “tantamout to rape”). The reader is…

Read More $375,000 Punitive Damages Award to Sexual Harassment Plaintiff
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In Reynolds v. State, No. 528410, 2020 N.Y. Slip Op. 00897, 2020 WL 572813 (N.Y.A.D. 3 Dept., Feb. 06, 2020), the court – after upholding a jury verdict in plaintiff’s favor on her hostile work environment/sexual harassment and negligent supervision claims – nevertheless found that the jury’s damage award was excessive. The court summarized the…

Read More Damage Award For Hostile Work Environment Held Excessive
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Effective October 11, 2019, the New York State Human Rights Law permits an award of punitive damages in certain employment discrimination cases. The relevant section is codified at NYS Executive Law § 297(4)(c), which provides: If, upon all the evidence at the hearing, the commissioner shall find that a respondent has engaged in any unlawful…

Read More NYS Human Rights Law Provides for Punitive Damages in Certain Employment Cases
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In Ravina v. Columbia University and Geert Bekaert, 16-cv-2137, 2019 WL 1450449 (S.D.N.Y. March 31, 2019), a sexual harassment/retaliation case, the court – in addition to denying defendant’s motion for judgment as a matter of law on plaintiff’s retaliation claim – next evaluated the jury’s damage awards to plaintiff ($750,000 in emotional distress damages, $500,000…

Read More Court Remits $750,000 Award for Emotional Distress Damages in Retaliation/Sexual Harassment Case Against Columbia University
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