Lorraine Cullen, Complainant v. Nassau County Civil Service Commission, Respondents, and New York State…

Summary

The New York Court of Appeals affirmed the Appellate Division's order deleting the $1,000 compensatory damages award because the record contained no proof that Cullen suffered emotional injury; the Legislature does not require proof of discriminatory intent for such damages, but actual injury must be shown. The Court held that damages may be awarded only when supported by evidence of harm. Judge Jasen filed a concurring opinion agreeing with the result but limiting his reasoning to the lack of proof and deferring the broader intent question for future consideration.