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Here at Miletti Law®, we are the authoritative force in Employment and Labor Law. Therefore, we are committed to updating our series on employment & labor law with fresh, verifiable, and credible content. In that spirit, this blog is Part XXII and the last in our series on New York State and City laws that apply to workplace harassment, discrimination, & retaliation. In Part XXI of this series, we provided you with an overview of the “Recovery of Penalties & Damages” under the New York City Human Rights Law (NYCHRL) & the New York Equal Pay Act, which include laws applicable to workplace harassment, discrimination, & retaliation New York. As we move the discussion forward in this blog and Part XXI of this series, we will hammer on the “Recovery of Penalties & Damages” under the New York State Human Rights Law (NYSHRL) & Reproductive Health Discrimination.

Recovery of Penalties & Damages under the New York State Human Rights Law (NYSHRL) & Reproductive Health Discrimination.

New York State Human Rights Law (NYCHRL)

Pursuant to N.Y. Exec. Law § 297(4)(c) and (10), it is within the authority of the New York State Division of Human Rights to enter an order for any of the following in a proceeding under the NYSHRL:

1. Awarding reasonable attorney’s fees to the prevailing party.

2. Requiring a report of the manner of compliance.

3. Assessing civil penalties & fines, in an amount not to exceed $100,000 if the employer is found to have willfully, wantonly, or maliciously committed an unlawful discriminatory act or not to exceed $50,000 if otherwise.

4. Awarding punitive damages in cases involving private employers.

5. Awarding of compensatory damages to the person aggrieved by such practice.

6. Requiring the employer take affirmative action, including, but not limited to:

  • Promotion, reinstatement, or hiring.
  • Participation in or admission to an on-the-job training program, apprenticeship training program, a guidance program, other occupational retraining or training program.
  • Back pay.

7. Requiring an employer to discontinue or cease engaging in such unlawful discriminatory practice.

In some instances, predetermination interest may also be awarded by the State Division of Human Rights. Furthermore, as long as they are reasonably related to the discriminatory conduct, the NYSHRL has a provision to award compensatory damages for emotional distress. Additionally, pursuant to N.Y. Exec. Law § 297(4)(c) and (9), the NYSHRL, in either state administrative or judicial proceedings, has a provision for the recovery of punitive damages. Pursuant to N.Y. Exec. Law § 299, any individual found in violation of the NYSHRL may be subject to a misdemeanor punishable by a fine of up to $500 or a one-year jail term.

As long as the prevailing party is a defendant or respondent and has demonstrated the frivolousness of the action in question and made a motion requesting fees, such a prevailing party may be awarded reasonable attorney’s fees. If any of the following is found, in writing, by the court or the State Division, then an action may be deemed frivolous pursuant to N.Y. Exec. 297(10):

  • A good faith argument for a reversal, modification, or extension of existing law cannot support the action whatsoever and such bad faith, without a reasonable basis, motivated the commencement or continuation of such an action.
  • The intention to solely maliciously injure or harass or prolong or delay a litigation’s resolution was the reason why bad faith motivated the commencement, use, or continuation of the action.

Reproductive Health Discrimination.

Pursuant to N.Y. Lab. Law § 203-e(3), an employee may recover several damages and penalties in a civil action for reproductive health discrimination. Such damages and penalties include, but are not limited to:

  • Liquidated damages equal to 100% of the damages award unless an employer can demonstrate and prove that the employer was complying with the law and acted in good faith when engaging in actions that violated this law.
  • Reinstatement.
  • Injunctive relief.
  • Damages that include, but are not limited to, reasonable attorneys’ costs & fees, benefits, and back pay.

This blog and Part XXII brings us to the end of our long series on New York State and City laws that apply to workplace harassment, discrimination, & retaliation. As the authoritative force in Employment and Labor Law, we are hopeful that you, our unusually motivated® readers, have had an exciting & impactful learning experience since Part I of the series. Soon, we are introducing several freshly new and hot series under the same field of Employment and Labor Law. Until then, stay tuned for more legal guidance, training, and counsel. In the interim, reach us with questions or comments on our website at the Contact Us page!

Always rising above the bar,

Isaac T.,

Legal Writer & Author.