Sexual Harassment Plaintiff’s Damage Award Adopted by Court

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 at the restaurants Suite36 and Taj II, which were operated by Defendant 36th Street Hospitality LLC. Plaintiff alleges that while she was employed by Defendant’s businesses, Defendant’s owner, David Casey, sexually assaulted her at his home and subsequently sexually harassed her at work. Plaintiff maintains that Casey’s actions led to Plaintiff’s constructive discharge and that she suffered, and continues to suffer, physical injuries and severe emotional distress, including attempted suicide. [Citations omitted.]

The R&R recommended that the court awarded the plaintiff the following:

(1) $498,047.55 in compensatory damages (comprised of $97,109.79 in back pay, $100,937.76 in front pay, and $300,000 in emotional distress damages), (2) $100,000 in punitive damages, (3) prejudgment interest at a rate of 9% on back pay awarded as part of compensatory damages, (4) post-judgment interest pursuant to 28 U.S.C. § 1961(a), (5) $22,845 in attorneys’ fees, and (6) $780.66 in costs.

After reciting the legal standard for review of an R&R, and noting that the Magistrate Judge “conducted a comprehensive and careful inquest,” the court adopted the R&R and directed that final judgment be entered ordering defendant to pay the above damages.

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