Opinion
6972 Index 251456/16
06-26-2018
In re NEW YORK STATE DIVISION OF HUMAN RIGHTS, Petitioner, v. INTERNATIONAL FINANCIAL SERVICES GROUP, et al., Respondents, Crystal Martinez, Nominal Respondent.
Caroline J. Downey, N.Y.S. Division of Human Rights, Bronx (Aaron M. Woskoff of counsel), for petitioner.
Caroline J. Downey, N.Y.S. Division of Human Rights, Bronx (Aaron M. Woskoff of counsel), for petitioner.
Renwick, J.P., Gische, Kapnick, Gesmer, Kern, JJ.
Determination of petitioner New York State Division of Human Rights (DHR), dated May 19, 2015, granting the complaint for disability discrimination, awarding complainant $64,436.03 in back pay and $10,000 for emotional distress, and assessing a civil penalty of $20,000 (the proceeding having been transferred to this Court by order of Supreme Court, Bronx County [Julia Rodriguez, J.], entered on or about March 3, 2017), unanimously confirmed, without costs.Substantial evidence supports the agency's findings that respondents engaged in disability-based employment discrimination against complainant, in violation of the New York State Human Rights Law (see Matter of McEniry v. Landi, 84 N.Y.2d 554, 559–560, 620 N.Y.S.2d 328, 644 N.E.2d 1019 [1994] ; 300 Gramatan Ave. Assoc. v. State Div. of Human Rights, 45 N.Y.2d 176, 408 N.Y.S.2d 54, 379 N.E.2d 1183 [1978] ). The record further supports the imposition of liability upon individual respondent Carlos Zapata, for aiding and abetting discriminatory conduct, since he directly participated in the discriminatory conduct by, among other things, terminating complainant (see Executive Law § 296[6] ; Peck v. Sony Music Corp., 221 A.D.2d 157, 158, 632 N.Y.S.2d 963 [1st Dept. 1995] ; Miloscia v. B.R. Guest Holdings LLC, 33 Misc.3d 466, 479, 928 N.Y.S.2d 905 [Sup. Ct., N.Y. County 2011], affd in part, mod on other grounds in part 94 A.D.3d 563, 942 N.Y.S.2d 484 [1st Dept. 2012] ).
The award of compensatory damages for back pay is appropriate (see Exec Law § 297[4][c][ii]-[iii] ; Rio Mar Rest. v. New York State Div. of Human Rights, 270 A.D.2d 47, 48, 704 N.Y.S.2d 230 [1st Dept.], lv denied 95 N.Y.2d 763, 715 N.Y.S.2d 376, 738 N.E.2d 780 [2000] ), as is the award of damages for mental anguish (see Matter of New York State Div. of Human Rights v. Milan Maintenance, Inc., 152 A.D.3d 412, 54 N.Y.S.3d 854 [1st Dept. 2017] ; Matter of New York State Div. of Human Rights v. Neighborhood Youth & Family Servs., 102 A.D.3d 491, 956 N.Y.S.2d 892 [1st Dept. 2013] ).
The agency did not abuse its discretion in setting the amount of the civil penalty at $20,000 (see Executive Law § 297[4][c][vi] ; Matter of Jacobs v. New York State Div. of Human Rights, 131 A.D.3d 883, 17 N.Y.S.3d 19 [1st Dept. 2015] ).