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Monday, October 31, 2016

Certified Question on Punitive Damages in Cases under New York City Human Rights Law 

What is the standard for assessing punitive damages in a pregnancy discrimination under the New York City Human Rights Law?.  The law itself doesn't set a standard, so the district judge in Chauca v. Abraham, borrowed the standard  from the standard under the federal Title VII and based on that standard declined to give a punitive damages instruction to the jury.  On appeal, the plaintiff contended that this was error because the Human Rights Law should be construed liberally and independently of federal law.  Because there is no controlling New York precedent setting the standard and because that standard is an important issue of state law, the Second Circuit certified a question to the New York State Court of Appeals, asking it to decide as follows:

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?

The decision in Chauca can be found here.

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