Garrison Protective Services, Inc. v. New York State Division of Human Rights
Opinion of the Court
Proceeding pursuant to Executive Law § 298 to review a determination of the Commissioner of the New York State Division of Human Rights dated November 16, 2007, which adopted the recommendation and findings of an administrative law judge dated October 17, 2007, made after a hearing, finding that the petitioner discriminated in the terms, conditions, and privileges of the complainant’s employment on the basis of her sex by condoning the discriminatory conduct directed at the complainant by its employee, Louis Jackson, on the basis of the complainant’s sex, and that the petitioner retaliated against the complainant for opposing those discriminatory practices, and awarded the complainant damages in the principal sums of $100,000 in compensatory damages for mental anguish and humiliation, plus interest at the rate of 9% per annum from the date of the order of the Commissioner of the New York State Division of Human Rights, and $4,706.80 for back pay, plus interest at the rate of 9% per annum from the date of the order of the Commissioner of the New York State Division of Human Rights.
Adjudged that the petition is granted, on the law, to the extent that the provision of the determination which awarded the complainant $100,000 in compensatory damages for mental anguish and humiliation, plus interest at the rate of 9% per annum from the date of the order of the Commissioner of the New York State Division of Human Rights, is annulled, the determination is otherwise confirmed, the petition is otherwise denied, the proceeding is otherwise dismissed, and the matter is remitted to the New York State Division of Human Rights for a new award of compensatory damages for mental anguish and humiliation not to exceed the principal sum of $50,000, plus interest on the new award at the rate of 9% per annum from the date of the order of the Commissioner of the New York State Division of Human Rights; and it is further,
Ordered that one bill of costs is awarded to the respondents Lynda Byrd and Nassau Health Care Corporation, payable by the petitioner.
“An award for mental anguish and humiliation must be upheld if it is reasonably related to the wrongdoing, is supported by substantial evidence, as is similar to comparable awards for similar injuries” (Matter of Gold Coast Rest. Corp. v Gibson, 67 AD3d 798, 800 [2009]; see Matter of New York City Tr. Auth. v State Div. of Human Rights, 78 NY2d 207, 219 [1991]). The award of compensatory damages in the principal sum of $100,000 for mental anguish and humiliation is not similar to comparable awards for similar injuries and, thus, we remit the matter to the Division for a new award of compensatory damages for mental anguish and humiliation not to exceed the sum of $50,000 plus interest (see Matter of Columbia Sussex Corp. v New York State Div. of Human Rights, 63 AD3d 736). Mastro, J.P., Dickerson, Belen and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.