We find that the uncontroverted evidence in the form of medical opinions
and statements from his wife and a friend establishes complainant’s
entitlement to compensatory damages. While there is no dispute
that complainant is entitled to non-pecuniary damages, the parties
differ on the appropriate amount necessary to remedy the harm caused
by the discrimination. Complainant contends that he should receive
$1,410,000.00. The agency offers that $45,000.00 properly compensates
complainant for any harm caused by the discrimination. We note that the
Commission has awarded compensatory damages in cases somewhat similar to
complainant’s case in terms of the harm sustained. See, e.g., McCann
v. Department of the Air Force, Appeal No. 01971851 (October 23, 1998)
($75,000.00 in non-pecuniary damages for a discriminatory discharge
where complainant presented evidence of feelings of psychological
numbness, anger, insomnia, depression, flashbacks, nightmares, fear,
fatigue, diminished pleasure in activities, some social withdrawal, less
confidence on the job and a constant fear of unjustified job loss);
Santiago v. Department of the Army, Appeal No. 01955684 (Oct. 14,
1998) ($125,000.00 in non-pecuniary damages where complainant suffered
depression and other emotional and mental disorders, and severe chest
and stomach pains, digestive problems, and incidents of shortness
of breath due to three years of verbal abuse and sex and age-based
discrimination by her supervisor); Brinkley v. United States Postal
Service, EEOC Appeal No. 01953977 (January 23, 1998) ($110,000.00 in
non-pecuniary damages for the injury sustained by complainant resulted in
her hospitalization, and the various symptoms she experienced included
hopelessness, loss of energy, agoraphobia, loss of interest in living,
depressed mood, impaired memory and concentration, insomnia, agitation,
and loss of interest in routine activities and personal self care); Finlay
v. United States Postal Service, EEOC Appeal No. 01942985 (April 29, 1997)
($100,000.00 in non-pecuniary damages for severe psychological injury
over four years which was expected to continue for an indeterminate
period of time, including ongoing depression, frequent crying, concern
for physical safety, loss of charm, lethargy, social withdrawal, concern
for physical safety, recurring nightmares and memories of harassment,
a damaged marriage, stomach distress, and headaches).
After analyzing the evidence which establishes the physical and emotional
harm sustained by complainant and upon consideration of damage awards
reached in comparable cases, the Commission finds that complainant
is entitled to an award of non-pecuniary damages in the amount of
$125,000.00. We find this case analogous to the above-referenced
cases with respect to the nature, severity and duration of the harm.
In reviewing the evidence, we find that complainant has suffered
physical and emotional harm in the form of severe depression, anxiety,
irritable bowel syndrome, interference with marital and social life,
social withdrawal, loss of self-confidence, shame, and damage to his
pre-existing learning disabilities. We also find that complainant’s
physical and emotional harm began in 1992 and has continued through
the filing of his appeals in 1997. His psychiatrist believes that his
condition will continue into the indefinite future. Last, we note that
this award is not motivated by passion or prejudice, is not “monstrously
excessive” standing alone, and is consistent with the amounts awarded
in similar cases. See Cygnar, 865 F.2d at 848.
ref:
Acting Secretary,
Department of Veterans Affairs,
Agency.
Appeal Nos. 01970546; 01972227; 01975957
Agency Nos. 92-1140; 92-1554; 92-1563;
93-1739; 93-1742; 93-2139
Hearing Nos. 130-94-8088X; 130-94-8089X; 130-94-8090X;
130-94-8091X; 130-94-8092X; 130-94-80
