Emotional Distress Damages

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In Morales v. PepsiCo. Inc., 16-cv-6597, 2018 WL 3853390 (W.D.N.Y. August 14, 2018), the plaintiff filed a lawsuit against his former employer alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Not uncommonly, a discovery dispute arose. Among other issues contested…

Read More Court Addresses Discovery Relating to Emotional Distress Damages in Title VII Discrimination Case
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In Emamian v. Rockefeller University, 07-cv-3919, 2018 WL 2849700 (S.D.N.Y. June 8, 2018) – a race/national origin discrimination case – the court held, inter alia, that the jury’s emotional distress damages award of $2 million was excessive, and remitted that award to $200,000. After providing a summary of the relevant “black-letter” law in this area, the…

Read More Court Remits Emotional Distress Damages Award in Employment Discrimination Case From $2M to $200K
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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 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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One of the various types of damages available in an employment discrimination case is so-called “emotional distress” damages, which are a species of “compensatory” damages. Such damages are available under (for example) Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law (NYSHRL), and the New York City Human Rights…

Read More Emotional Distress Damages in Employment Discrimination Cases
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Pursuant to a May 5, 2017 Consent Decree in EEOC v. Special Education Associates (EDNY 17-cv-1791) (a failure-to-hire sex discrimination case), the defendant must pay $57,000 in damages to the underlying complainant, comprising $20,000 in back pay and $37,000 in compensatory damages.[1]The Decree contains other remedial measures, such as requiring the defendant to distribute an antidiscrimination…

Read More EEOC Consent Decree Entered in Failure-to-Hire Sex Discrimination Case
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In Matter of NYS Div. of Human Rights v. SUV Prod., Inc., 2017 NY Slip Op 02910 (NY App. Div. 1st Dept. April 13, 2017), the court unanimously confirmed the findings of the New York State Division of Human Rights’ (DHR) December 19, 2008 Order concluding that respondent subjected complainants to discrimination and a hostile work environment based…

Read More Court Upholds NYSDHR Finding of National Origin Discrimination & Hostile Work Environment and Resulting Damages
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Halloween is a fun holiday. Not so, however, for employees forced to endure sexual harassment during a company Halloween party. In Maher v. All. Mortg. Banking Corp., No. CV 06-5073 DRH ARL, 2010 WL 3516153 (E.D.N.Y. Aug. 9, 2010), report and recommendation adopted, No. 06 CV 5073 DRH ARL, 2010 WL 3521921 (E.D.N.Y. Sept. 1,…

Read More Sexual Harassment During Company Halloween Party Among Facts of Case Resulting in $170,000 Compensatory Damages Award
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