990 F. Supp. 2d 435
S.D.N.Y.2014Background
- STRIVE East Harlem employed Johnson as Affiliate Services Coordinator, funded by a federal grant over $4.7 million starting May 3, 2010.
- Grant period of performance ran Jan 29, 2010–Jan 28, 2012, later extended to June 30, 2012; Johnson’s salary remained $60,000.
- Carmona, STRIVE’s founder/president, was Johnson’s initial supervisor and made hostile remarks; Lisa Stein later became supervisor.
- Johnson covertly recorded Carmona after alleged discriminatory conduct, including use of the term nigger and other demeaning remarks.
- Carmona allegedly threatened to terminate Johnson; Weinberg conducted internal investigation; STRIVE’s board admonished Carmona but his role remained significant.
- Johnson was terminated June 11, 2012 as grant funding expired, though other grant-funded positions continued; Johnson obtained a new job January 7, 2013 paying $50,000.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Discrimination under NYCHRL based on race/gender | Johnson proved unequal treatment due to race and gender | Defendants contend conduct was petty and not discriminatory | Discrimination shown; NYCHRL standard met |
| Carmona’s role in discriminatory termination | Carmona’s discriminatory animus influenced firing | Weinberg alone made termination decision; Carmona had no term. | Carmona played a meaningful role; termination discriminatory |
| Retaliation for discrimination complaints | Protected activity (April 11, 2012 complaint) proximate in time to termination | Termination not proximate to protected activity; legitimate grant expiration | Sufficient evidence of retaliation; proximate timing supports claim |
| Punitive damages warranted | Discriminatory entitlement shows malice/reckless indifference | No evidence of malice beyond conduct; limitative standard | Punitive damages upheld; evidence supports malice or reckless indifference |
| Remittitur/ Damages reduction appropriate | Award should stand; damages properly supported | Overly high; remittitur warranted | Remittitur granted; new trial on damages unless plaintiff accepts $128,109.59 compensatory; punitive damages unchanged |
Key Cases Cited
- Tepperwien v. Entergy Nuclear Operations, Inc., 663 F.3d 556 (2d Cir.2011) (standard for a Rule 50 motion; sufficiency review)
- AIG Global Sec. Lending Corp. v. Banc of Am. Sec. LLC, 646 F. Supp. 2d 385 (S.D.N.Y. 2009) (recourse on general verdicts; reliance on multiple theories)
- Mihalik v. Credit Agricole Cheuvreux N. Am., 715 F.3d 102 (2d Cir.2013) (NYCHRL standard; single-remark actionable in proper context)
- Williams v. New York City Housing Authority, 872 N.Y.S.2d 27 (N.Y. App. Div. 1st Dept.) (evidence of discrimination focus on unequal treatment; damages relevance)
- Hernandez v. Kaisman, 103 A.D.3d 106, 957 N.Y.S.2d 53 (1st Dep’t 2012) (animus against women supports discrimination finding)