Chauca v. Abraham

89 N.E.3d 475, 67 N.Y.S.3d 85, 30 N.Y.3d 325
CourtCourt for the Trial of Impeachments and Correction of Errors
DecidedNovember 20, 2017
StatusPublished
Cited by51 cases

This text of 89 N.E.3d 475 (Chauca v. Abraham) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chauca v. Abraham, 89 N.E.3d 475, 67 N.Y.S.3d 85, 30 N.Y.3d 325 (N.Y. Super. Ct. 2017).

Opinions

GARCIA, J.

*477***328The New York City Human Rights Law makes clear that punitive damages are available for violations of the statute, but does not specify a standard for when such damages should be awarded. The Second Circuit has, by certified question, asked us to determine the applicable standard. We conclude that, consistent with the New York City Council's directive to construe the New York City Human Rights Law liberally, the common-law standard as articulated in Home Ins. Co. v. American Home Prods. Corp., 75 N.Y.2d 196, 203-204, 551 N.Y.S.2d 481, 550 N.E.2d 930 (1990) applies.

***329Accordingly, a plaintiff is entitled to punitive damages where the wrongdoer's actions amount to willful or wanton negligence, or recklessness, or where there is "a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard" (see Home Ins. Co. v. American Home Prods. Corp., 75 N.Y.2d 196, 203-204, 551 N.Y.S.2d 481, 550 N.E.2d 930 [1990] [internal quotation marks omitted] ).

I.

Plaintiff, a physical therapy aide, sued her former employer and two supervisory employees for sex and pregnancy discrimination under title VII of the Civil Rights Act of 1964 ( 42 U.S.C. §§ 2000e [k]; 2000e-2 [a] ), the Family Medical Leave Act ( 29 U.S.C. § 2601 ), the New York State Human Rights Law ( Executive Law § 296[1][a] ), and the New York City Human *478**88Rights Law (Administrative Code of City of N.Y. § 8-107[1][a] ) (NYCHRL) in the United States District Court for the Eastern District of New York. At trial, plaintiff's counsel requested a jury instruction on punitive damages under the NYCHRL. In considering the request, the court applied to the NYCHRL the standard for punitive damages found in title VII, namely, whether plaintiff had submitted evidence that her employer had intentionally discriminated against her with malice or reckless indifference to her protected rights, and denied the instruction. The court stated,

"[t]here is nothing here that supports punitive damages ....
"There is no showing of malice, reckless indifference, that there was an intent to violate the law. They may have violated the law, which is what you are going to try to prove, but there is certainly no evidence of intent."

The jury found defendants liable for pregnancy discrimination and awarded plaintiff $10,500 in compensatory damages and $50,000 in pain and suffering.

Plaintiff appealed, arguing that the district court erred in importing the title VII standard. After noting that the NYCHRL "does not articulate a standard for a finding of employer or employee liability for punitive damages," the Second Circuit acknowledged that the passage of the Local Civil Rights Restoration Act of 2005 (Administrative Code § 8-130[a] [Restoration Act] ) and subsequent related amendments, ***330calling for a liberal construction of all provisions of the NYCHRL in all circumstances, called into question the Second Circuit's 2001 holding in Farias v. Instructional Sys., Inc., 259 F.3d 91 (2d Cir.2001) that title VII's standard for punitive damages applies to the NYCHRL ( Chauca v. Abraham, 841 F.3d 86, 90-92 [2d Cir.2016] ). The Second Circuit noted that the Restoration Act "otherwise provides no specific guidance" regarding how to interpret the NYCHRL where the statute is silent as to the applicable standard ( id. at 87-88 ). Accordingly, the Second Circuit certified 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 § 8-502 ?" ( Id. at 95.)

II.

The NYCHRL prohibits an employer from "refus[ing] to hire" or "discharg[ing] from employment" anyone because of their gender (Administrative Code § 8-107[1][a][2] ).1 The NYCHRL provides for compensatory and punitive damages and other remedies against employers and employees found directly or vicariously liable for discrimination, a provision the City Council included in the NYCHRL in 1991 (Administrative Code § 8-502[a] ). Employers exposed to a punitive damages charge can mitigate punitive damages based on vicarious liability where they can prove the existence of certain policies established to deter discrimination (see id. § 8-107[13][d] - [e] ). Despite the clear intention to make punitive damages available, there is no provision in the NYCHRL setting a standard for imposing them. In light of this silence in the statute, we must now determine what standard applies for awarding punitive damages under the NYCHRL.

A.

The "starting point in any case of interpretation must always be the language *479**89itself, giving effect to the plain meaning thereof" ( Matter of Shannon, 25 N.Y.3d 345, 351,

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Bluebook (online)
89 N.E.3d 475, 67 N.Y.S.3d 85, 30 N.Y.3d 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chauca-v-abraham-nycterr-2017.