Appellate Division sustains sex discrimination finding by State Division of Human Rights

This Appellate Division ruling reminds us once again of an unpleasant fact relating to discrimination cases litigated in the State Division of Human Rights: that agency does not award a lot of money even when they find someone is a discrimination victim. At the same time, the Appellate Division usually defers to the judgments of the SDHR when that agency does find discrimination.

The case is In the Matter of State Division of Human Rights v. Adler, issued on July 10. The complainant won her hearing in the SDHR, finding that she was the victim of sex discrimination. The victim was a housekeeper. She won $6,000 in back pay and $25,000 for pain and suffering. The employer was also hit with a civil fine in the amount of $25,000. The SDHR usually rules in favor of the employers, so it looks like the complainant had a good case. 

The Appellate Division does not provide us with the facts giving rise to this case, but the SDHR's brief sure does, making it clear the sex discrimination was horrifying, causing the employer to be arrested and subject to a restraining order.

A good case in the SDHR does not always get you a high damages award. The SDHR brief says the victim "awoke night after night, terrified, from nightmares about the assault." She can no longer clean the homes owned by other men. The imposition of a civil fine means the SDHR thinks the employer's civil rights violation was serious, and judging from the SDHR's brief on appeal, it was serious. That might get you serious damages for pain and suffering in federal court, but not at the SDHR. 

The Appellate Division sustains the finding of liability and the amount of the damages. It does not look like the employer, named as a defendant in this appeal, filed a brief, but the SDHR brought this action to confirm the SDHR ruling, maybe to get a judgment that they can enforce against the employer.