Summary
affirming administrative agency award of $5,000 mental anguish award where employer discriminatorily denied complainant promotion because of gender
Summary of this case from Johnson v. Alaska Dept. of Fish GameOpinion
February 19, 1985
Cross application for enforcement granted, proceeding dismissed and determination confirmed, without costs or disbursements.
The determination that petitioners failed to promote complainant because of her sex, in violation of Executive Law § 296, is supported by substantial evidence ( see, 300 Gramatan Ave. Assoc. v State Div. of Human Rights, 45 N.Y.2d 176). Further, it is settled that an award of compensatory damages to a person aggrieved by an illegal discriminatory practice may include compensation for mental anguish ( State Div. of Human Rights v New York State Dept. of Correctional Servs., 90 A.D.2d 51, 58-59) and that such an award may be based solely on the testimony of the complainant ( Cullen v Nassau County Civ. Serv. Commn., 53 N.Y.2d 492). The amount of such award in this case is not excessive ( cf. New York City Bd. of Educ. v Sears, 83 A.D.2d 959). Weinstein, J.P., Brown, Niehoff and Lawrence, JJ., concur.