Finlay v. U.S. Postal Service, EEOC Appeal No. 01942985 (April 29, 1997)
($100,000 award for emotional injury resulting in indefinite total
disability).
3. Non-Pecuniary Damages
Appellant has requested $255,000 in non-pecuniary damages. There are
no “hard and fast” rules governing the amount to be awarded. However,
non-pecuniary damages must be limited to the sums necessary to compensate
the injured party for actual harm, even where the harm is intangible,
see Carter v. Duncan-Hogans, Ltd., 727 F.2d 1225 (D.C. Cir. 1994),
and should take into account the severity of the harm and the length
of time that the injured party has suffered from the harm. Carpenter
v. Dept. of Agriculture, EEOC Appeal No. 01945652 (July 17, 1995); EEOC
Notice No. N 915.002 at 14. The Commission notes that for a proper
award of non-pecuniary damages, the amount of the award should not be
“monstrously excessive” standing alone, should not be the product of
passion or prejudice, and should be consistent with the amount awarded
in similar cases. See Cygnar v. City of Chicago, 865 F.2d 827, 848 (7th
Cir. 1989); US EEOC v. AIC Security Investigations, Ltd., 823 F.Supp. 573,
574 (N.D. Ill. 1993).
The amount of compensatory damages awarded by the Commission has varied
accordingly to the injury sustained by the complainant in each case:
Lawrence v. U.S. Postal Service, EEOC Appeal No. 01952288 (April 18,
1996) ($3,000 in nonpecuniary damages for sexual harassment where
appellant presented primarily nonmedical evidence that she was irritable,
experienced anxiety attacks, and was shunned by her co-workers); Benson
v. Dept. of Agriculture, EEOC Appeal No. 01952854 (June 27, 1996) ($5,000
nonpecuniary damages where appellant was denied promotional opportunities
on the bases of race and reprisal, and consequently experienced stress,
skin rashes, withdrawal, and isolation); Rountree v. Dept. of Agriculture,
EEOC Appeal No. 01941906 (July 7, 1995) ($8,000 in nonpecuniary damages
where appellant received a low performance appraisal and was denied
bonus pay because of race and reprisal; medical evidence testimony was
provided regarding appellant’s emotional distress, but the majority
of appellant’s emotional problems were caused by factors other than
the discrimination); Terrell v. Dept. Of Housing and Urban Development,
EEOC Appeal No. 01961030 (October 25, 1996) ($25,000 award for emotional
harm where discriminatory activity exacerbated, for at least two years,
problems unrelated to discrimination); Smith v. Dept. Of Defense, EEOC
Appeal No. 01943844 (May 9, 1996) ($25,000 award for emotional harm,
where many aggravating factors not related to discrimination also were
present); Johnson v. Dept. of the Interior, EEOC Appeal No. 01961812
(June 18, 1998) (award of $35,000 for diagnosed depression and stress);
Wallis, EEOC Appeal No. 01950510 ($50,000 award for aggravation of
pre-existing emotional condition, where effects were expected to last at
least seven years); Carpenter, EEOC Appeal No. 01945652 (award of $75,000
for emotional distress resulting in complainant’s disability retirement);
Finlay v. U.S. Postal Service, EEOC Appeal No. 01942985 (April 29, 1997)
($100,000 award for emotional injury resulting in indefinite total
disability).
Taking into account the evidence of non-pecuniary damages submitted
by appellant, the Commission finds that appellant is entitled to
non-pecuniary damages in the amount of $50,000. This amount takes
into account the severity and duration of the harm done to appellant
by the reassignment, and accounts for the fact that the harm done
by the discrimination was an aggravation of a pre-existing condition.
Further, this amount takes into account that, unlike cases where greater
damages were awarded, appellant’s injury did not render her totally
incapacitated either for work or in her personal life. Finally, this
amount meets the goals of not being motivated by passion or prejudice,
not being “monstrously excessive” standing alone, and being consistent
with the amounts awarded in similar cases. See Cygnar, 865 F.2d at 848;
AIC Security Investigations, 823 F.Supp. 573 at 574.
