Damages and Remedies Available at the New York State
Division of Human Rights

Burden of Proof

• Employee must prove liability: employer violated the law.
• Administrative Law Judge considers damages and remedies if liability is proven.

Types of Damages and Remedies

Back Pay

• Last wage employee would have earned if not terminated.
• Calculated through the date of the hearing.
• Mitigated by subtracting earnings from other employers and Unemployment Insurance.
• Documentation of job search required to be awarded back pay.

Compensatory Damages

• For pain and suffering.
• “Garden variety” compensatory damages (based on testimony): $5,000 to $50,000.
• Increased amount possible with medical records or expert testimony.

Counsel Fees

• Must be awarded to the prevailing party.

Punitive Damages

• For reckless or intentional discrimination.

Reinstatement

• Rarely awarded.

Personal Liability

• Individuals with authority to hire, fire, and control the employer’s business.
• Individuals aiding and abetting in discrimination.
• Civil fines and penalties:
  • Up to $50,000 for unlawful discriminatory act.
  • Up to $100,000 for willful, wanton, or malicious act of discrimination.
  • Fines paid to New York State.