Emotional Distress Damages in Employment Cases

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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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In Saber v. New York State Department of Financial Services, 15-cv-5944, 2018 WL 3491695 (S.D.N.Y. July 20, 2018), the court held that the jury’s $2.5 million verdict was excessive, and held that $125k was more appropriate. The court summarized the evidence of emotional distress as follows: At the trial, Plaintiff testified that he felt “extremely…

Read More Court Remits $2.5 Million Emotional Distress Jury Award to $125,000 in Discrimination Case
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From Matter of New York State Div. of Human Rights v. International Fin. Servs. Group, 2018 NY Slip Op 04673 (App. Div. 1st Dept. June 26, 2018): Determination of petitioner New York State Division of Human Rights (DHR), dated May 19, 2015, granting the complaint for disability discrimination, awarding complainant $64,436.03 in back pay and $10,000 for…

Read More Disability Discrimination Awards For Back Pay, Emotional Distress Upheld
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In Mayo-Coleman v. American Sugar Holdings, Inc., 14-cv-79, 2018 WL 2684100 (S.D.N.Y. June 5, 2018), the court, inter alia, held that a $1.7 million jury verdict in plaintiff’s favor on her sexual harassment/hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law should…

Read More Court Remits Jury Award of $1.7M to $500,000 for Emotional Damages in Sexual Harassment Case
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In Sharkey v. J.P. Morgan Chase & Co., 2018 WL 1229831 (S.D.N.Y. March 5, 2018), the court, inter alia, struck down a jury verdict of $563,000 for emotional distress suffered by plaintiff as a result of her alleged retaliatory termination in violation of the Sarbanes-Oxley Act of 2002 (SOX). From the Opinion: If Sharkey is…

Read More Court Strikes Down $563K Emotional Distress Damages Jury Verdict in SOX Case as “Infected With Passion and Prejudice”
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In Matthews v. Hewlett-Packard Company, 15-cv-3922, 2017 WL 6804075 (S.D.N.Y. Dec. 22, 2017), a race discrimination/hostile work environment/retaliation case, the court explained and applied the principles applicable to the admissibility of expert testimony – under FRE 702/Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) – as to emotional distress damages. In sum, the court…

Read More Court Precludes Expert Testimony on Emotional Distress in Race Discrimination Case
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In Suarez v. Mosaic Sales Solutions US Operating Co., LLC, 2018 WL 357540 (2d Cir. 17-2344 Jan. 11, 2018), the Second Circuit affirmed the dismissal of plaintiff’s claim under the New York City Fair Chance Act, N.Y.C. Admin. Code § 8-107(11)(a), based on defendant’s failure to follow certain procedures before rescinding plaintiff’s job offer after discovering,…

Read More 2d Circuit Affirms Dismissal of NYC Fair Chance Act Claim; Amount-in-Controversy Element Not Satisfied
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In Santana et al v. G.E.M. Medical Management (NY Sup. Ct. Bx. Cty 0305261/2008 Oct. 20, 2017), the court (inter alia) denied defendant’s motion, under CPLR 4404(a), to set aside a jury verdict in favor of plaintiffs on their claims of gender/pregnancy discrimination. The court noted that “[t]he jury’s determination is supported by evidence presented…

Read More Court Upholds Plaintiff Jury Verdict in Gender/Pregnancy Discrimination Case
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