Award of $850,000 by the NYS Division of Human Rights held excessive and reduced to $200,000
Matter of New York State Dept. of Correctional Servs. v New York State Div. of Human Rights, 2008 NY Slip Op 06246, Decided on July 10, 2008, Appellate Division, Third Department
Alicia S. Humig, a female correction officer, filed a complaint with NYS Division of Human Right alleging that she had been subjected to a hostile work environment and discrimination based upon her gender and sexual orientation, and she had suffered retaliation as a result of her complaints against a co-worker.
Following a hearing and recommendations by an Administrative Law Judge, the Division sustained the complaint and awarded Humig compensatory damages in the amount of $850,000. Corrections appealed, seeking to nullify this determination.
After sustaining the Division’s findings and determination that Humig has suffered discrimination and retaliation, the Appellate considered Correction’s challenge regarding the Division’s $850,000 award of compensatory damages to Humig and decided that this amount was excessive.
Although, said the court, Humig's emotional distress is reasonably related to the wrongdoing and supported by the record, it is not comparable to other awards for similar injuries. Citing Matter of New York State Dept. of Correctional Servs. v New York State Div. of Human Rights, 225 AD2d 856,; Matter of New York State Dept. of Correctional Servs. v State Div. of Human Rights, 241 AD2d 811, lv to appeal denied 92 NY2d 807; and Matter of New York State Dept. of Correctional Servs. v State Div. of Human Rights, 215 AD2d 908, the Appellate Division said that “It is well settled that "an award of compensatory damages must be based on pecuniary loss and emotional injuries actually suffered" as a result of discrimination, and "[c]are must be taken to insure that the award is . . . not punitive.”
Although Humig and her witnesses testified that, as a result of the discriminatory actions by her co-worker, she suffered from increased stress, sleeping and eating difficulties, nosebleeds, and that she was physically, mentally and emotionally upset and needed counseling for what her counselor diagnosed as "adjustment disorder with depressive features," Humig attended only four counseling sessions, and she did not claim that she took any leave or was prescribed any medication due to the resulting distress.
After reviewing awards in cases of comparable emotional distress caused by discrimination and sexual harassment, the Appellate Division decided that the award $850,000 in this instance is excessive and should be reduced to $200,000.
The full text of the decision is posted at:
http://nypublicpersonnellawarchives.blogspot.com/2008/07/award-of-850000-by-nys-division-of.html
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