Emotional Distress Damages in Employment Cases

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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 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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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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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 Lopez v. Mama’s Fried Chicken, Inc., 2022 NY Slip Op 01124 (NY App. Div. 1st Dept. Feb. 22, 2022) – involving claims of failure to pay wages, sexual harassment, discrimination, and retaliation – the First Department unanimously affirmed a lower court’s Order denying defendant’s motion to vacate a default judgment entered in plaintiff’s favor.…

Read More Sexual Harassment Default Judgment Upheld; “Law Office Failure” Argument Rejected
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In Quintero v. Angels of the World, Inc., 19-CV-6126, 2021 WL 4464123 (E.D.N.Y. Sept. 10, 2021), the court, inter alia, assessed emotional distress damages to be awarded to plaintiff (an exotic dancer), upon defendants’ default, on her claims of race-based discrimination and hostile work environment, hostile work environment sexual harassment, among others. The court summarized…

Read More Exotic Dancer Awarded $30,000 in Emotional Distress Damages Upon Defendants’ Default in Sexual Harassment 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 $200,000 in emotional distress damages (on default). This case involves shocking allegations of harassment, including on one occasion conduct that the court described as “tantamount to rape.” As to…

Read More $200,000 Emotional Distress Award in Sexual Harassment Case Against Brooklyn Maids 26, Inc. and Individual Defendant
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In Angulo v. 36th Street Hospitality LLC, 2020 WL 4936961 (S.D.N.Y. August 24, 2020), a sexual harassment/hostile work environment case, the court adopted the Magistrate Judge’s Report & Recommendation (R&R) of damages to be awarded following the defendant’s default. Plaintiff’s allegations, as summarized by the court, are as follows: Plaintiff previously worked as a waitress…

Read More Sexual Harassment Plaintiff’s Damage Award Adopted by Court
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In Emamian v. Rockefeller University, 2020 WL 4811383 (2d Cir. Aug. 19, 2020) (Summary Order) – a race/national origin employment discrimination case – the court (inter alia) affirmed the district court’s remittitur of the jury’s $2 million award of damages for emotional distress to $200,000. From the decision: Emamian argues that the district court erred…

Read More Second Circuit Upholds Remittitur of Jury’s Award of $2 Million to $200,000 for Emotional Distress Damages in Employment Discrimination Case
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