Labor & Employment Law

Division of Human Rights? $25,000 award for refusing to assign employee to light duty because of a temporary disability reduced by Appellate Division

Division of Human Rights? $25,000 award for refusing to assign employee to light duty because of a temporary disability reduced by Appellate Division

Matter of Iroquois Nursing Home, Inc. v New York State Div. of Human Rights, 2008 NY Slip Op 07320, Decided on October 3, 2008, Appellate Division, Fourth Department

The New York State Division of Human Rights found that the Iroquois Nursing Home had unlawfully discriminated against Heather Gladle on the basis of her temporary disability and awarded her $25,000 in compensatory damages for mental anguish and humiliation.

Iroquois Nursing appealed, asking the court to annul the Division?s determination, contending that it had not unlawfully discriminated against Gladle because of her disability when it refused to allow her a light duty work restriction as a reasonable accommodation.

After determining that the Division?s determination was supported by substantial evidence, the Appellate Division ruled that award of damages in the amount of $25,000 for mental anguish and humiliation, under the circumstances of this case, was excessive and reduced the award to $10,000.

The court said that while ?mental anguish and humiliation may be proven? by the testimony of a complainant alone, in this instance Gladle did not seek no medical treatment, and her testimony in support of the award of damages for mental anguish and humiliation was sparse.

Accordingly, said the court, ?In our view, an award of $10,000 is ?the maximum award supported by the evidence?? and elected modify the Divisions determination accordingly.

The full text of the decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2008/2008_07320.htm

Full post as published by New York Public Personnel Law on October 09, 2008 (boomark / email).