The extent of an agency’s liability may be tempered by other factors
that affected a complainant, in particular herein, the complainant’s
medical and emotional condition at the time of the agency’s action.
Where the harm caused by its action may be an aggravation of pre-existing
conditions, the agency is generally liable for additional harm.
Guidance at 11. In considering such cases, the Commission relies on
the principle that “a tortfeasor takes its victims as it finds them.”
Wallis v. USPS, EEOC Appeal No. 01950510 (November 13, 1995), (citing,
Williamson v. Handy Button Machine Co., 817 F.2d 1290, 1295 (7th
Cir. 1987)). However, when a complainant has a pre-existing condition,
the agency is liable only for the additional harm or aggravation, and, if
the complainant’s pre-existing condition inevitably would have worsened,
the agency is entitled to a reduction in damages reflecting the extent to
which the condition would have worsened even absent the discrimination.
Notice at 12. Punitive damages are not available against the federal
government. Notice at 4.
