Emotional Distress Damages in Employment Cases

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In Matter of Chaplin v .New York State Div. of Human Rights, 2020 NY Slip Op 04302 (App. Div. 2d Dept. July 29, 2020), the Appellate Division, Second Department confirmed the New York State Division of Human Rights’ award of $5,000 for compensatory damages for mental anguish, and no damages for, inter alia, lost income,…

Read More Court Denies Petition Seeking Review of $5k Award in Employment Discrimination/Retaliation Case
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In Sooroojballie v. Port Authority of New York & New Jersey, 2020 WL 2988851 (2d Cir. June 4, 2020) (Summary Order), the Second Circuit, inter alia, held that the jury’s emotional damages awarded by the jury ($2,160,000) on plaintiff’s race- and national origin-based hostile work environment claim was excessive, and determined that $250,000 was more appropriate.…

Read More Court Remits $2.16 Million Jury Verdict to $250,000 in Race/National Origin Hostile Work Environment Case
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In Small v. Cuer, 2020 WL 2215585 (2d Cir. May 7, 2020) (Summary Order), a sexual harassment case, the U.S. Court of Appeals for the Second Circuit affirmed a lower court ruling that, inter alia, largely upheld a substantial jury award in plaintiff’s favor for emotional distress and punitive damages. The jury had awarded $1.55…

Read More 2d Circuit Upholds Substantial Emotional Distress and Punitive Damages Awards in Sexual Harassment Case
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In a recent case, Abreu v. Verizon New York, Inc. et al, 15-cv-00058 (EDNY March 25, 2020), the court – following a jury verdict in plaintiff’s favor on his claims of race discrimination and retaliation – held, inter alia, that the jury’s award of $750,000 for emotional distress was too high, and held that $200,000…

Read More Emotional Distress Damages Remitted From $750,000 to $200,000 in Employment Discrimination Case
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In Matter of Oz Trucking and Rigging Corp., No. 2018-09771, 2486/17, 2019 N.Y. Slip Op. 09009, 2019 WL 6884935 (N.Y.A.D. 2 Dept., Dec. 18, 2019), the court confirmed a determination that the complainant suffered sexual harassment/hostile work environment, as well as the award of $7,500 for mental anguish and a civil fine/penalty of $10,000. As…

Read More Sexual Harassment Determination Upheld
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In Tulino v. City of New York, 15-cv-7106 (JSR), 2019 WL 3810975 (S.D.N.Y. 2019) – an employment discrimination / hostile work environment case – a jury awarded plaintiff damages for emotional distress in the amounts of $1.5 million for her hostile work environment claim, and $500,000 for her retaliation claim. The court, employing the procedural…

Read More Court Remits $2M Hostile Work Environment / Retaliation Verdict to $1.25M
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In Babbitt v. Koeppel Nissan, Inc., 2019 WL 3296984 (EDNY July 23, 2019) – an employment discrimination, sexual harassment, and retaliation case brought under Title VII of the Civil Rights Act of 1964 – the court ruled on the parties’ respective motions to compel discovery. One issue addressed by the court – which has become…

Read More Social Media Discovery Compelled (in Part) in Sexual Harassment Case
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In Automatic Meter Reading Corp. v. New York City, No. 162211/2015, 63 Misc. 3d 1211(A), 2019 N.Y. Slip Op. 50464(U), 2019 WL 1475080 (Sup Ct, Feb. 28, 2019), the court, inter alia, affirmed and enforced the New York City Commission on Human Rights’ finding of sexual harassment-based constructive discharge. It also upheld the NYCCHR’s award of $200,000…

Read More Court Upholds NYC Commission on Human Rights’ $200k Emotional Distress Damage Award in Sexual Harassment / Constructive Discharge Case
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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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In Duarte v. St. Barnabas Hospital, 15-CV-6824, 2018 WL 4440501 (S.D.N.Y. Sept. 17, 2018) – a disability discrimination case – the court held, inter alia, that a jury award of $624,000 for compensatory/emotional distress damages was too high, and that $125,000 was more appropriate. To do this, the court employed the procedural mechanism of “remittitur.” After explaining…

Read More Court Explains Remittitur of $624,000 Emotional Distress Damages Award to $125,000 in Disability Discrimination Case
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