Bill > A08282

This bill amends the Civil Practice Law and Rules and the Executive Law to establish stricter standards for courts to reduce jury awards as excessive in employment discrimination cases. The key provisions are: 1. Courts cannot reduce jury awards as excessive in employment discrimination cases unless the court finds clear and convincing evidence that the jury was influenced by partiality, prejudice, mistake, or corruption. The jury's verdict is presumed to be correct and entitled to substantial deference. 2. In reviewing jury awards in employment discrimination cases, courts cannot substitute their own judgment for the jury's, must give primary weight to the remedial purpose of the law, and cannot limit awards based on categories of cases or characterizations of other awards. Courts should only order remittitur or additur (reducing or increasing the award) in the most exceptional circumstances. 3. These provisions are substantive, rather than procedural, and apply to any employment discrimination action under the Executive Law, regardless of the forum.