Damages in Employment Cases

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In Chauca v. Abraham, No. 15-1720, 2016 WL 6436834 (2d Cir. Nov. 1, 2016), a pregnancy discrimination case, the Second Circuit certified to the New York Court of Appeals the following question: What is the standard for finding a defendant liable for punitive damages under the New York City Human Rights Law, N.Y.C. Admin. Code…

Read More Second Circuit Addresses the Standard for Punitive Damages Under the NYC Human Rights Law
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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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In Laboy v. Office Equip. & Supply Corp., No. 15-cv-3321, 2016 WL 5462976 (S.D.N.Y. Sept. 29, 2016), a race discrimination and unpaid wages lawsuit, the court entered judgment in plaintiff’s favor following defendants’ default. The facts, in sum/part, taken from plaintiff’s complaint: [Defendants Michael] Prince and [Steven] Maglio referred to Laboy and other dark skinned…

Read More Court Awards Damages, Including $25,000 for Emotional Distress, in N-Word Race Discrimination Case Upon Defendants’ Default
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In an employment discrimination case, it is not uncommon for a defendant/employer to seek information/documents regarding the plaintiff’s prior employment. In Roazzi v. U.S. Builders Group et al (NY Sup. Ct. Index #152129/16), an age discrimination case, defendants sought authorizations for the plaintiff’s employment records going back ten years. Judge Wright granted plaintiff’s motion for…

Read More Court Grants Protective Order Regarding Prior Employment in Age Discrimination Case
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In Misas v. N.-Shore Long Island Jewish Health Sys., No. 14-cv-8787, 2016 WL 4082718 (S.D.N.Y. July 25, 2016), the court reaffirmed that an employment discrimination/sexual harassment plaintiff seeking only so-called “garden variety” emotional distress damages does not put their medical condition in issue for discovery purposes. In this case, plaintiffs assert claims of, inter alia, sexual…

Read More Sexual Harassment Plaintiffs’ Assertion of “Garden Variety” Emotional Distress Damages Does Not Authorize Extensive Medical Discovery
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In Fisher v. Mermaid Manor Home for Adults, LLC, No. 14-CV-3461 (WFK)(JO), 2016 WL 3636021 (E.D.N.Y. June 29, 2016), the court denied defendant’s motion for summary judgment on plaintiff’s race/national origin-based hostile work environment claim. Plaintiff sued after being apprised by co-workers of an Instagram post which “consisted of two photographs of Plaintiff contrasted with a…

Read More Instagram “Planet of the Apes” Comparison Results in Denial of Summary Judgment in Race/National Origin Discrimination (Hostile Work Environment) Case
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In New York State Div. of Human Rights v. Team Taco Mexico, Corp., No. 2014-06673, 2016 WL 3265489 (N.Y. App. Div. June 15, 2016), the court held that there was “substantial evidence in the record to support the determination of the Commissioner of the [NYS Division of Human Rights] … that the respondent David Orduna…

Read More Court Upholds NYSDHR Sexual Harassment Determination and Award Against Team Taco Mexico And Individual Harasser
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In In re Townsend, No. 15-43411-CEC, 2016 WL 2927522 (Bankr. E.D.N.Y. May 16, 2016), the court granted plaintiff’s motion for summary judgment that a judgment entered on a $450,000 jury verdict in Ganci v. U.S. Limousine Service and Raymond Townsend, EDNY 10-cv-3027, was non-dischargeable under the Bankruptcy Code. The Bankruptcy Code “exempts from discharge any debt for…

Read More Sexual Harassment Judgment Not Dischargeable in Bankruptcy, Court Holds
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A recent decision, Kelly v. Times/Review Newspapers Corp., 14-cv-2995, 2016 WL 2901744 (E.D.N.Y. May 18, 2016), illustrates how courts are applying the newly-amended Federal Rules of Civil Procedure in employment cases. In this employment discrimination case, plaintiff “seeks compensatory damages, alleging that he suffered actual anguish, embarrassment, suffering, and humiliation as result of his wrongful involuntary termination…

Read More Court Applies Amended Discovery Rule to Discovery Demands Seeking Information Relating to Claimed Emotional Distress in Age Discrimination Case
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