MacMillan v. Millennium Broadway Hotel
873 F. Supp. 2d 546
| S.D.N.Y. | 2012Background
- McMillan alleges race-based hostile work environment under Title VII, §1981, and NYCHRL following a four-day trial.
- Jury awarded $125,000 compensatory and $1,000,000 punitive damages to McMillan.
- Hotel moves for judgment as a matter of law under Rule 50 and for new trial/remittitur under Rule 59.
- Key trial evidence centers on two incidents: 1) January 2008 voodoo doll display; 2) June 2009 use of racial slur by a coworker.
- Hotel argues no severe or pervasive harassment or causation; also challenges punitive and compensatory damages as excessive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was evidence of a hostile environment entitling judgment as a matter of law | McMillan’s evidence shows severe, pervasive race harassment including voodoo doll display | No severer harassment; evidence insufficient to meet standard | No; substantial evidence supported the jury verdict on severity, pervasiveness, and causation |
| Whether remittitur should reduce compensatory damages | Jury award reflects significant distress from incidents | Award is excessive for garden-variety distress | Compensatory damages remittitur to $30,000 unless McMillan accepts remittitur; new trial granted if not accepted |
| Whether remittitur should reduce punitive damages | Punitive damages warranted given intentional discrimination | Award is excessive and not supported by reprehensibility | Punitive damages reduced to $100,000; if not accepted, new trial limited to damages |
Key Cases Cited
- Kolstad v. American Dental Ass'n, 527 U.S. 526 (U.S. 1999) (intent required; knowledge may be inferred)
- State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408 (U.S. 2003) (guideposts for reprehensibility, ratio, penalties)
- BMW of North America, Inc. v. Gore, 517 U.S. 559 (U.S. 1996) (constitutional limits on punitive awards; Gore factors)
- Galdieri-Ambrosini v. Nat’l Realty & Dev. Corp., 136 F.3d 276 (2d Cir.1998) (standard for judgment as a matter of law; high bar)
- Hill v. Airborne Freight Corp., 212 F. Supp. 2d 59 (E.D.N.Y. 2002) (reprehensibility and punitive damages considerations)