Carmody V. New York University Et Al

  • Court: New York State, Foley Square Division, District Court
  • Case number: 1:21-cv-08186-VF
  • Filed: 10/04/2021
  • Judge: Magistrate Judge Valerie Figueredo
  • Case type: Fair Labor Standards Act (710)
  • Cause: FLSA: Prohibition of Sex Discrimination

Parties Involved

  • Plaintiff: Kristin A. Carmody, M.D, M.H.P.E
  • Defendants: New York University | NYU Grossman School of Medicine | NYU Langone Hospitals | Robert I. Grossman, M.D | Fritz Francois, M.D. | Steven B. Abramson, M.D. | Andrew W. Brotman, M.D. | Robert J. Femia, M.D.
    • Counsel for Defendants: Edward Cerasia , II | Alison L Tomasco | Brittany Kate Lazzaro | Karen Canales-Reyes | Richard Carl Schoenstein

Verdict Information

  • Verdict date: April 16, 2024
  • Total damages awarded to Plaintiff: $0.00

About the Case


Plaintiff Dr. Kristin A. Carmody filed the instant lawsuit on grounds of retaliatory and discriminatory termination. Dr. Carmody, a highly regarded Emergency Medicine (EM) physician and educator, served for fourteen years at Defendant Langone and Bellevue Hospital, garnering awards and respect for her dedication and expertise. She was known for her vocal opposition to discrimination and inequities within NYU, advocating for fair treatment of women and marginalized groups. When the COVID-19 crisis hit New York, Dr. Carmody continued her frontline work, demonstrating unwavering commitment to patient care.

However, Defendants abruptly terminated Dr. Carmody’s employment in December 2020. This termination followed her increased objections to discriminatory practices, including pay disparities and the blacklisting of residents engaging in protected activity. Defendants falsely accused her of crimes and swiftly terminated her, citing shifting reasons for dismissal.

Despite subsequent internal investigations vindicating Dr. Carmody’s professional conduct, the damage to her reputation and well-being was profound and irreparable. The termination was seen as retaliatory, aimed at silencing her opposition to unfair practices within the institution.

In response, Dr. Carmody filed a lawsuit alleging violations of the Equal Pay Act, New York State Human Rights Law, New York City Human Rights Law, New York Labor Laws, breach of contract, and defamation.


As a direct consequence of Defendants’ defamatory statements and discriminatory termination, Dr. Carmody suffered irreparable damage and continued to endure severe and irreparable harm. This included deprivation of income and benefits, lost compensation, damage to personal and professional reputation, and loss of opportunity for professional advancement and promotion.

Additionally, Dr. Carmody incurred expenses to mitigate the harm caused by Defendants, such as attorneys’ fees. Furthermore, she experienced physical injury and related severe emotional distress due to Defendants’ actions. These harmful effects had a lasting impact on Dr. Carmody’s financial stability, reputation, and overall well-being. The damage inflicted by Defendants’ defamation significantly disrupted her life and livelihood, causing profound distress and hardship. Despite efforts to address the consequences, the harm endured by Dr. Carmody remained substantial and ongoing, affecting various aspects of their personal and professional life.


Dr. Carmody pursued a comprehensive array of damages, reflecting the profound impact of the Defendants’ discriminatory termination. She pursued actual damages under various statutes including Title VII, NY State Human Rights Law, NY City Human Rights Law, Equal Pay Act, and NY Labor Law, encompassing front pay and back pay, which totaled no less than $10.5 million. Additionally, she sought pre-judgment interest of 9% on the back pay amount for state law violations, while pre-judgment interest equated to the weekly average 1-year constant maturity treasury yield for federal law violations, with post-judgment interest also included. She also sought compensatory damages for emotional distress, not less than $10.5 million, under Title VII, NYSHRL, NYCHRL, and NYLL. Dr. Carmody also demanded liquidated damages under EPA and NYLL, equivalent to the back pay amount. Furthermore, she sought punitive damages, not less than $10.5 million, under Title VII, NYSHRL, and NYCHRL. These damages collectively aimed to address the harm caused by the defendants’ actions, reflecting both the financial and emotional toll incurred by Dr. Carmody.

Jury Verdict

On April 16, 2024, a New York jury found the Defendants to be free from any guilt. The Plaintiff was, thus, found not liable to any damages. The jury was of the opinion that the Plaintiff had failed to prove that she had faced retaliatory and discriminatory termination by NYU based on her gender in violation of Title VII, NY State Human Rights Law, NY City Human Rights Law, New York Labor Law and Equal Pay Act. Accordingly, the jury exonerated the Defendants of all accusations made by the Plaintiff. On May 1, 2024, Magistrate Judge Valerie Figueredo upheld the jury’s verdict in favour of the Defendants and dismissed the Plaintiff’s complaint.

Court Documents

Available upon request