United States Second Circuit

In this case involving racial harassment and employment discrimination in the workplace, judgment in favor of plaintiff-employee awarding him compensatory and punitive damages is affirmed in part, vacated in part, and remanded for a new trial unless plaintiff accepts a reimittitur of the punitive damages award, where: 1) the jury was correctly instructed as to employer liability; 2) the jury could find that defendant-employer and its parent company constituted a single employer for the purposes of federal and state non-discrimination statutes; 3) the jury's verdict as to intentional infliction of emotional distress was supported by the evidence; 4) the compensatory damages award of $1.32 million was proper; but 5) the district court erred in failing to further reduce the punitive damages award down from $5 million (which was reduced by $19 million following plaintiff's acceptance of remittitur).

Appellate Information

• Decided 12/17/2014
• Published 12/17/2014

Judges

• Sack

Court

• United States Second Circuit

Counsel