MATTER OF NEW YORK STATE DIVISION OF HUMAN RIGHTS pet, v. BESDAD, INC., DOING BUSINESS AS COOPERSMITHS RESTAURANT res — (INDEX NO. 6975/14)Proceeding pursuant to Executive Law §298 to enforce a determination of the Commissioner of the New York State Division of Human Rights dated October 22, 2007, which adopted the recommendation and findings of an administrative law judge dated August 27, 2007, made after a hearing, finding that the respondents discriminated against the complainant on the basis of his race and color by subjecting him to a hostile work environment and retaliated against him for having engaged in protected activities, awarded the complainant compensatory damages in the principal sums of $27,107, plus interest at the rate of 9 percent per year from December 16, 2005, for back pay, and $15,000, plus interest at the rate of 9 percent per year from October 22, 2007, for mental anguish and humiliation, and directed the respondents to establish policies to prevent unlawful discrimination and harassment.
ADJUDGED that the petition is granted, on the law, without costs or disbursements, to the extent that the portion of the determination finding that the respondents discriminated against the complainant on the basis of his race and color by subjecting him to a hostile work environment and awarding him compensatory damages in the principal sums of $27,107, plus interest at the rate of 9 percent per year from December 16, 2005, for back pay, and $15,000, plus interest at the rate of 9 percent per year from October 22, 2007, for mental anguish and humiliation, and directing the respondents to establish policies to prevent unlawful discrimination and harassment is confirmed, the determination is otherwise annulled, the petition is otherwise denied, the proceeding is otherwise dismissed, and the respondents are directed to pay the complainant compensatory damages in the principal sums of $27,107, plus interest at the rate of 9 percent per year from December 16, 2005, for back pay, and $15,000, plus interest at the rate of 9 percent per year from October 22, 2007, for mental anguish and humiliation, and to establish policies to prevent unlawful discrimination and harassment.
