$115,000 Awarded for Reprisal. Following a hearing, an AJ found that Complainant was subjected to unlawful reprisal when the Agency forced him to resign in lieu of termination. As relief, the AJ awarded, among other things, $15,000 in non-pecuniary compensatory damages. Complainant filed an appeal with the Commission challenging the award of damages. On appeal, the Commission found that the AJ’s award was inadequate. The record contained testimony from Complainant and his spouse showing that he suffered significant weight gain, an inability to sleep, nightmares, aggravation of physical injuries, stomach distress, change in personality, loss of enjoyment of life, withdrawal from family and friends, increased use of alcohol, lack of desire to socialize, isolation and bouts of anger. In addition, Complainant saw a therapist twice a week for depression until he could no longer afford the treatment. Complainant’s psychologist testified that he diagnosed Complainant with major depression, and that without treatment, Complainant’s prognosis was only fair. The record also showed that the discrimination resulted in a deterioration of Complainant’s relationship with his wife and daughter, leading to a separation and pending divorce. Thus, the Commission concluded that the record supported an award of non-pecuniary compensatory damages in the amount of $115,000. Chastain v. Dep’t of the Navy, EEOC Appeal No. 0120102409 (November 17, 2010), request for reconsideration denied EEOC Request No. 0520110240 (March 31, 2011).
