In a case involving the New York State Division of Human Rights (SDHR), the petitioner sought to enforce a determination against Elite Dental Care, P.C., and others. The agency found that the respondents had unlawfully discriminated against the complainant based on her sex, pregnancy, and familial status, and was awarded $2,400 for back pay and $30,000 for mental anguish, along with a $20,000 civil fine.
The complainant alleged that she was discriminated against and constructively discharged due to her pregnancy. An Administrative Law Judge (ALJ) confirmed these allegations after a hearing, and the Commissioner of the SDHR adopted the ALJ's findings, increasing the mental anguish award. The respondents failed to comply with that final order, leading to the enforcement proceeding.
On appeal, the Appellate Division, Second Department, affirmed the SDHR's determination, noting that substantial evidence supported the findings of discrimination and the awards for damages and penalties. The AD2 emphasized that the scope of judicial review is narrow and focused on whether the SDHR's determination was backed by substantial evidence, which was the case here. And the awards for mental anguish and back pay were deemed appropriate and found to be comparable to similar cases, and the civil fine was not considered disproportionate to the offense or otherwise "shocking" to its sense of fairness.
Looks like these fines and penalties had teeth.
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DECISION
In the Matter of State Division of Human Rights v. Elite Dental