Even if you receive a judgment in your favor and a substantial sum of damages in your discrimination or sexual harassment case, you have additional hurdles you have to clear. In many cases, one of those is something called “remittitur,” which is when the trial judge or an appellate panel reduces your damages award. When navigating this and all the other essential pretrial, trial, and post-trial processes, having an experienced New York sexual harassment lawyer is often crucial for getting justice.
“Remittitur” is a request the defense makes after the jury has returned an award of damages. The request asks the trial judge (or panel of appellate judges) to rule that the sum the jury awarded was excessive and, therefore, must be reduced. When deciding whether or not to reduce an award (and, if so, by how much), a judge will attempt to slot cases into categories. For example, a judge might deem a harassment case where the victim endured emotional and physical symptoms inherently more severe (and therefore worthy of a larger damages award) than a case where the victim endured only psychological harm.
According to one New York state senator, this process is often inappropriate in cases involving workplace sexual harassment and discrimination. If Senator Andrew Gounardes’ bill becomes law, many victims of harassment and discrimination would be able to recover the full amount of their jury awards without facing remittitur.
In a press release, the senator spoke against the use of remittitur in Human Rights Law cases, calling the way judges assess the severity of cases and assess the excessiveness of awards “seemingly arbitrary” and lacking any “basis in medical or sociological fact.”
The bill, which has already passed the Senate and is before the Assembly, requires judges to “give primary consideration to the remedial purpose of the law.” In other words, judges should consider the HRL’s role in seeking to stamp out discrimination and harassment and only reduce awards in HRL cases in rare scenarios where “the jury was influenced by prejudice or corruption.”
To provide some added insight into how remittitur works, we can look at a recent case from Long Island. The victim who sued, B.R., was the corporate secretary and assistant controller for a Suffolk County medical equipment manufacturer. During that time, the secretary allegedly experienced a wide array of hostile forms of sexual harassment.
The harassment ran the gamut from “inappropriate sexual comments” about the secretary and other female employees’ weight/appearance and “sexually explicit and offensive images and notes” put in the women’s offices to egregiously hostile alleged acts like the company’s chief financial officer walking into B.R.’s office with his genitals exposed and later attempting to sexually assault B.R. in her office by grabbing her arms, pinning them behind her head, and pushing her onto her desk.
The jury was persuaded by the secretary’s presentation, awarding her $2.5 million in compensatory damages.
From $2.5 Million to Just $1 Million... and How the Future Might Be Different
The defense made a remittitur request. The judge reasoned that, although the secretary made a compelling case, it was not extreme enough to warrant $2.5 million. The court noted that the harassment caused the woman to suffer PTSD, anxiety, and depression. The judge could not, however, find a past case where a hostile work environment causing psychological damage yielded an award of $2.5 million. The court found a 2014 case where a man, E.T., received $1.46 million (adjusted for inflation) for a racially hostile work environment that caused him to lose 30 pounds and suffer from panic attacks, depression, and anxiety. Additionally, the man “was taken to the hospital directly from work” twice due to the severe harassment.
The judge noted that both workers had psychological damage, but E.T.’s overall harm was worse, given the weight loss and two hospitalizations. Additionally, E.T. experienced threats against his life, which the secretary did not. Based on those differences, the judge reduced the woman’s award to $1 million, meaning the employer succeeded in having the secretary’s award reduced by more than 50%.
If Senator Gounardes’ bill passes the Assembly and the governor signs it, a future victim proceeding in New York might avoid this kind of reduction in damages.
Phillips & Associates is an employee-focused firm. Our skilled New York sexual harassment attorneys are dedicated to assisting workers who have experienced harassment on the job. Our team promises to fight zealously and compassionately on behalf of the workers we represent, helping them navigate the legal process and secure justice. Contact us online or call (833) 529-3476 to schedule a free and confidential consultation.