Opinion
14156 Index No. 450930/19 Case No. 2020–00402
07-01-2021
In the Matter of STATE DIVISION OF HUMAN RIGHTS, Petitioner, v. Irene AUSTIN et al., Respondents.
Caroline J. Downey, State Division of Human Rights, Bronx ( Michael K. Swirsky of counsel), for petitioner.
Caroline J. Downey, State Division of Human Rights, Bronx ( Michael K. Swirsky of counsel), for petitioner.
Renwick, J.P., Gische, Oing, Mendez, JJ.
Application pursuant to Executive Law § 298 to enforce the order of petitioner State Division of Human Rights (DHR), dated January 17, 2018, which found that respondent Irene Austin subjected respondent Guadalupe Paleta to a hostile work environment in violation of the New York State Human Rights Law, awarded Paleta $5,000 plus interest for mental anguish and humiliation, and assessed a $10,000 civil penalty, plus interest, against Austin due to intentional conduct (transferred to this Court by order of Supreme Court, New York County [Lynn R. Kotler, J.], entered on or about September 12, 2019), unanimously granted, without costs.
DHR's findings that Austin subjected Paleta to a hostile work environment on the basis of her race and national origin, which caused Paleta mental anguish, are supported by "sufficient evidence on the record considered as a whole" ( Executive Law § 298 ; see Matter of State Div. of Human Rights v. Bystricky, 30 N.Y.2d 322, 326, 333 N.Y.S.2d 398, 284 N.E.2d 560 [1972] ; see also Forrest v. Jewish Guild for the Blind, 3 N.Y.3d 295, 310, 786 N.Y.S.2d 382, 819 N.E.2d 998 [2004] ). Austin, who "defaulted in this proceeding, obviously failed to rebut a prima facie showing" of a hostile work environment ( Matter of New York State Div. of Human Rights v. Neighborhood Youth & Family Servs., 102 A.D.3d 491, 491, 956 N.Y.S.2d 892 [1st Dept. 2013] ).
The award of damages for mental anguish was appropriate under the circumstances ( Executive Law § 297[4][c][iii] ; see Matter of New York City Tr. Auth. v. State Div. of Human Rights, 78 N.Y.2d 207, 216–217, 573 N.Y.S.2d 49, 577 N.E.2d 40 [1991] ). Similarly, DHR providently exercised its discretion by setting the amount of the civil penalty at $10,000, after finding that Austin engaged in intentional harassing and demeaning conduct ( Executive Law § 297[4][c][vi] ; see Matter of New York State Div. of Human Rights v. International Fin. Servs. Group, 162 A.D.3d 576, 75 N.Y.S.3d 901 [1st Dept. 2018] ).