Here at the Law Office of Vincent Miletti, Esq. and the home of the #UnusuallyMotivated movement, we take pride as a resilient and dependable legal services firm, providing such services in both a traditional and online, web-based environment. With mastered specialization in areas such as Employment and Labor Law, Intellectual Property (IP) (trademark, copyright, patent), Entertainment Law, and e-Commerce (Supply Chain, Distribution, Fulfillment, Standard Legal & Regulatory), we provide a range of legal services including, but not limited to traditional legal representation (litigation, mediation, arbitration, opinion letters, and advisory), non-litigated business legal representation and legal counsel, and unique, online legal services such as smart forms, mobile training, legal marketing, and development.

Still, we, here at Miletti Law®, feel obligated to enlighten, educate, and create awareness, free of charge, about how these issues and many others affect our unusually motivated® readers and/or their businesses. Accordingly, in order to achieve this goal, we have committed ourselves to creating authoritative, trustworthy & distinctive content, which looks to not only educate, but also deliver in a manner that only Miletti Law® can. Usually, this content is featured as videos posted on our YouTube Channel https://www.youtube.com/channel/UCtvUryqkkMAJLwrLu2BBt6w and blogs that are published on our website WWW.MILETTILAW.COM. With that, the ball is in your court and you have an effortless obligation to subscribe to the channel and sign up for the Newsletter on the website, which encompasses the best way to ensure that you stay in the loop and benefit from the knowledge bombs that we drop here!

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 XXI of our series on New York State and City laws that apply to workplace harassment, discrimination, & retaliation. In Part XX of this series, we provided you with an overview of the “Exhaustion Requirement & Statute of Limitations” under the various laws applicable to workplace harassment, discrimination, & retaliation, including the NYCHRL, the New York Equal Pay Act, & the NYSHRL. 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 City Human Rights Law (NYCHRL) & the New York Equal Pay Act.

Recovery of Penalties & Damages under the New York City Human Rights Law (NYCHRL) & the New York Equal Pay Act

New York City Human Rights Law (NYCHRL)

Pursuant to NYC Administrative Code § 8-120, the New York City Human Rights Commission has the authority to effectuate any of the following if it has been determined by the City Commission that an employer has taken part in an unlawful discriminatory practice as defined by the NYCHRL:

  • The award of compensatory damages.
  • The award of front pay and back pay.
  • The promotion, reinstatement, or hiring of an employee-and-
  • Participation in, or admission to, a training program.

Under the NYCHRL, compensatory damages include damages for issues such as mental anguish, suffering, loss of enjoyment of life, inconvenience, emotional pain, and other non-pecuniary losses. However, it is crucial to note that there is no cap on recoverable damages.

The NYCHRL also permits the recovery of punitive damages in a civil action brought under the law. However, as mentioned above, there is no cap on the recoverable damages provided by the NYCHRL. It is also crucial to note that as compared to the same under Title VII, the standard for recovering punitive damages under the NYCHRL is less stringent and different. The question of whether the wrongdoer’s engagement in a particular discriminatory practice has been motivated by recklessness, wanton negligence, or willfulness, or conduct so impetuous that it amounted to such disregard is the standard for determining damages under the NYCHR. On the contrary, punitive damages considered under Title VII are limited to cases where the employer has engaged in intentional discrimination and has done so with reckless or with malice indifference to an aggrieved individual’s federally protected rights.

Pursuant to NYC Administrative Code § 8-502, subd. f, the prevailing party may be awarded costs and reasonable attorney’s fees by a court in a private right of action under the NYCHRL. On March 28, 2016, Mayor William de Blasio signed the bill 818-A into law, which, for claims brought under the NYCHRL in the context of the City Commission’s proceedings, the prevailing party may be awarded expert fees, costs, reasonable attorney’s fees, and other appropriate costs.

Further, pursuant to NYC Administrative Code § 8-122 of the NYCHRL, a temporary restraining order or an injunction can be issued by the City Commission following the filing of a complaint in which unlawful discriminatory practice is alleged to have taken place. Additionally, the wrongdoer who has engaged in a discriminatory practice under the NYCHRL can be charged a civil penalty of up to $150,000 by the City Commission. Moreover, pursuant to NYC Administrative Code § 8-126, a penalty of up to $250,000 can also be imposed by the City Commission if the person’s willful, wanton, or malicious conduct resulted in the discriminatory practice. Finally, pursuant to NYC Administrative Code § 8-129, an individual may be guilty of a misdemeanor and punishable by imprisonment of up to a year if such a person attempts to resist or willfully interfere with the City Commission or willfully violates the City Commission’s order.

New York Equal Pay Act

Pursuant to N.Y. Lab. Law § 198(1) and (1-a), the New York Commissioner of Labor may award several damages and penalties in an action brought forth under the New York Equal Pay Act. Examples of such damages and penalties are:

  • Liquidated damages up to 100% of the total amount of wages due for a non-willful violation and 300% for a willful violation.
  • The full amount of the underpayment-and-
  • Ordinary costs as well as a reasonable sum, not exceeding $50 for expenses which may be taxed as costs.

Further, pursuant to the same statute, an employee may recover several damages and penalties in a civil action brought by an employee under the New York Equal Pay Act. Examples are:

  • Liquidated damages up to 100% of the total amount of wages due for a non-willful violation and 300% for a willful violation.
  • Prejudgment interest.
  • The full amount of the underpayment.
  • Ordinary costs as well as a reasonable sum, not exceeding $50 for expenses which may be taxed as costs-and-
  • All reasonable attorney’s fees.

Part XXII, which will be an overview of “Recovery of Penalties & Damages” under the NYSHRL & Reproductive Health Discrimination, will be the last blog of this long series on New York State and City laws that apply to workplace harassment, discrimination, & retaliation.

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.