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This is an archive article published on March 21, 2012

US court orders Indian IFS officer to pay $ 1.5 mn to maid

Maid took employers to court for harassment and slavery.

An Indian maid — who had accused her former employer,an IFS officer,and her husband of harassment and “slavery” — has received a favourable ruling from a US court,which approved her petition that she be awarded USD 1.5 million as compensation by the couple.

In his order,US District Judge Victor Marrero “adopted in entirety” the report of US Magistrate Judge Frank Maas in which Maas recommended that Shanti Gurung be paid 1.5 million dollars as compensation for the “barbaric treatment” and “emotional distress” Neena Malhotra and her husband Jogesh Malhotra caused her when she was employed as their domestic help for three years since 2006.

“The application of plaintiff Shanti Gurung for an award of damages is granted; accordingly,judgment is entered in favour of Gurung and against defendants Jogesh Malhotra and Neena Malhotra in an amount of USD 1,458,335 in accordance with the calculations and breakdown of that amount set forth in the report,” Marrero said in his ruling yesterday. He also ordered that the case closed.

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Marrero said the Malhotras did not file any objections to Maas’ report even though they had 14 days to do so.

He said the court was not required to review any portion of a magistrate judge’s report that is not the subject of an objection.

After a thorough review of the documents submitted,”the Court concludes that the findings,reasoning and legal support for the recommendations made in the report are not clearly erroneous or contrary to law and are thus warranted.

“Accordingly… the court adopts the report’s factual and legal analyses and determinations,as well as its substantive recommendations in their entirety as the Court’s ruling as to Gurung’s application for an award of damages,” Marrero said.

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