From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
A pregnancy discrimination case is headed back to a federal trial court in New York after a visit to federal and state appeals courts.
The New York Court of Appeals ruled in November that the standard for determining punitive damages under New York City discrimination law is easier for workers to satisfy than the standard under comparable federal discrimination law. The U.S. Court of Appeals for the Second Circuit had asked the state appeals court to weigh in on the correct standard under the New York City Human Rights Law.
Based on the state court decision, the Second Circuit vacated the federal trial court’s judgment. It found that the trial court applied the wrong standard when it rejected a worker’s request to instruct the jury about punitive damages under city law. The judge concluded the employee couldn’t get punitive damages under city law because she failed to satisfy the tougher standard for punitive damages under federal law.
A jury sided with physical therapy aide Veronika Chauca, who said her employer Park Health Center refused to reinstate her after she took maternity leave. On appeal to the Second Circuit, she said she may have been entitled to a larger recovery because the trial judge should have instructed the jury about different punitive damages it could award under city law and Title VII of the 1964 Civil Rights Act.
The Second Circuit in 2001 found the city law standard is the same as the standard used for Title VII. The city council amended the Human Rights law in 2005 so its provisions would be “construed liberally” by courts. The Local Civil Rights Restoration Act also said courts should interpret the HRL “regardless” of how similar federal and state discrimination laws are interpreted.
Workers suing under city law need to show their employer acted recklessly or with a conscious disregard for their rights if they want to recover additional damages beyond an award for financial and emotional harm caused by job bias, the state appeals court said in November. Employers are liable under the tougher federal standard if they act with malice or with reckless indifference.
Judges Robert A. Katzmann, Robert D. Sack, and Peter W. Hall served on the Second Circuit panel that issued the decision.
The case is Chauca v. Abraham, 2d Cir., No. 15-1777, judgment vacated 3/16/18.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)