New York workers who seek justice for workplace discrimination and harassment often face vigorous opposition. Sometimes, though, the liable parties do not participate in the court proceeding at all. When that happens, you do not simply automatically “win” your case. You are entitled to seek recovery through a process called a “default judgment,” but you still have to prove that your employer violated the law and that you are entitled to damages. Because this process requires a careful and in-depth understanding of the facts of your case, the elements of the law, and the rules of court procedure, it is wise to retain a knowledgeable New York employment discrimination lawyer, even if you are entitled to use the default process.
The discrimination case of Y.U.R., a New York City security guard, illustrates how the process unfolds.
Y.U.R. worked for her employer from December 2020 to May 2024. During her three-plus years on the job, she experienced discrimination due to her size and sex. According to the guard’s lawsuit, the employer “routinely” gave her lower-paying assignments while assigning male guards to the higher-paying work. After the guard complained about the assignments, one of the owners told her that “they don’t want fat, short females.”
The guard’s lawsuit asserted claims for violations of the New York State Human Rights Law and the New York City Human Rights Law, as well as violations of federal and state wage-and-hour laws.
Generally, a worker who has experienced harm as a result of discrimination must engage in a contested legal battle with their employer. However, when the defendant(s) fail to participate in the court proceeding, the worker is entitled to pursue a default judgment.
The Steps in the Default Judgment Process
The plaintiff generally has to complete two essential steps. One is obtaining a “certificate of default” from the Clerk’s Office. Second, after securing that certificate, the plaintiff must apply for an entry of a default judgment. This application process often involves filing several documents, including:
- Notice of Motion for Default Judgment.
- Declaration in Support of Motion for Default Judgment.
- Statement of Damages.
- Clerk’s Certificate of Default.
- Proposed Default Judgment.
- Certificate of Service.
It is also important to understand that simply because your employer defaults, you do not automatically get all the damages that you asked for. Your employer’s default means that the judge will presume to be true everything you allege in your court papers, but you still have to lay out the bases upon which you are entitled to recover damages. That’s where these supporting documents in the application packet come into play. The “Declaration in Support of Motion for Default Judgment” and “Statement of Damages” are where you lay out for the court how your employer engaged in the elements of each legal violation, how that harmed you, and why you are entitled to a money judgment.
The security guard’s case had enough, according to the court. The court presumed that the employer frequently gave Y.U.R. lower-paying assignments than her male colleagues and that one of the owners expressly told her that “fat, short females,” which presumably included Y.U.R., were not wanted. Those facts, while not vastly extensive, were adequate to support claims of sex discrimination in violation of the NYSHRL and the NYCHRL. The court also concluded that the guard’s assertions were enough to support her weight discrimination claim under the NYCHRL. However, she could only recover for the period from Nov. 26, 2023 (the effective date of the NYCHRL’s weight-and-height-discrimination amendment) until May 2024 (the end of her employment).
Is your employer denying you preferable assignments (or giving you undesirable ones) because of your sex, race, or other protected characteristic? If so, your employer may have engaged in illegal discrimination in violation of the law. To get what you deserve, reach out to the skilled New York employment discrimination attorneys at Phillips & Associates, PLLC. To learn more about how you can put the power of our team to work for you, contact us online or call (866) 229-9441 to schedule a free and confidential consultation today.