Appellate Division Denies Oscar De La Renta Appeal

Employment Discrimination Appeal Denied

Diggs v. Oscar De la Renta, L.L.C., et al., Index No: 16175/2012

As previously reported on this website, in Erica Diggs v. Oscar De la Renta, et al., Index No: 016175/2012, the Firm represented the Plaintiff, an African American woman who, through a staffing agency, worked for the defendant Oscar De la Renta, L.L.C. (“Defendants”), as a temporary employee in April 2012. Thereafter, the plaintiff commenced this action alleging discrimination in employment on the basis of race in violation of the New York State Human Rights Law (“NYSHRL”) and the New York City Human Rights Law (“NYCHRL”). The matter went to trial on the plaintiff’s cause of action alleging a hostile work environment pursuant to the NYCHRL and her causes of action alleging retaliation pursuant to both the NYSHRL and the NYCHRL. After trial, the jury found in favor of the plaintiff and judgment was entered upon verdict referenced on in our court decisions archive. Subsequently thereafter, the defendants appealed. The Supreme Court of the State of New York, Appellate Division: Second Judicial Department (the “Appeals Court”) determined that there was legally sufficient evidence to support the jury verdict, and, additionally, the verdict was not against the weight of evidence. Moreover, the Appeals Court found that the punitive damages award was not excessive. Finally, after exhaustive litigation, on February 27, 2019, the Clerk of Court entered the Decision from The Supreme Court which ORDERED that the appeal be dismissed; that the judgment is affirmed; and that a bill of costs be awarded to the plaintiff. Michael J. Borrelli and Alexander T. Coleman handled the appeal on behalf of the firm.