NYS Court of Appeals: Intentional Discrimination Not Necessary for Punitive Damages

In its recent Chaca v. Abraham decision, the New York State Court of Appeals held that an employee may seek punitive damages where the employer’s discriminatory actions were willfully or wantonly negligent, or where there was “a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.” This aligns with the state’s common law standard for punitive damages, but it departs from federal law, under which punitive damages are not awarded without a showing the employer intentionally discriminated with malice or reckless indifference to protected rights. The Court maintained that its distinction is supported by the broad remedial purpose of the New York City Human Rights Law.

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