Nonpecuniary Damages
Damage awards for non-pecuniary losses have varied substantially
from one another. An award of compensatory damages for non-pecuniary
losses, including emotional harm, should reflect the extent to which
the respondent directly or proximately caused the harm, and the extent
to which other factors also caused the harm.
The Commission notes that damage awards for emotional harm are difficult
to determine and that there are no definitive rules governing the amount
to be awarded in given cases. A proper award must meet two goals: that it
not be “monstrously excessive” standing alone, and that it be consistent
with awards made in similar cases. See Cygnar v. City of Chicago, 865
F.2d 827, 848 (7th Cir. 1989). The Commission has awarded compensatory
damages in amounts from $3,000.00 to $100,000.00, based on the extent
of the damage proved. See Kelly v. Department of Veterans Affairs,
EEOC Appeal No. 01951729 (July 29, 1998); and Carpenter v. Department
of Agriculture, EEOC Appeal No. 01945652 (July 17, 1995), respectively.
It is the Commission’s goal to make damage awards for emotional harm
consistent with awards in similar cases. See e.g., Willena Johnson
v. Department of the Interior, EEOC Appeal No. 01961812 (June 18, 1998);
(award of $37,500 for damages resulting from depression and stress, and
physical pain and suffering); Carpenter v. Department of Agriculture, EEOC
Appeal No. 01945652 (July 17, 1995) (award of $75,000 in non-pecuniary
damages for deterioration in complainant’s medical and emotional condition
resulting in his disability retirement, aggravation of asthma, panic
attacks, insomnia, digestive problems, loss of spirit, social withdrawal,
feelings of hostility and irritability, loss of libido);
In the case at hand, the Commission finds that complainant’s statements,
the statement of her husband and her doctor all support her contention
that her depression and anxiety were caused by the PM’s harassment and
discrimination. The Commission found the harassment to be on-going and
pervasive in its prior decision. Given the severity and duration of
complainant’s emotional and physical damage including weight loss, hair
loss, sleeplessness, fatigue, an inability to urinate and an inability to
concentrate which has affected her ability to find other meaningful work,
we sustain complainant’s claim for non-pecuniary damages of $50,000 as
reasonable and comparable to awards in similar cases.
Pecuniary Damages
The record contains an itemized list of complainant’s medical expenses,
including doctor’s appointments, therapy and prescription drugs totaling
$6,247.08. The agency awarded complainant the full amount she sought
for her past pecuniary damages and the $200 claimed for photocopies,
telephone and mailing expenses. We therefore agree that complainant is
entitled to $6, 447.08 in past pecuniary damages and costs because she has
established, through her itemized list, her entitlement to these damages.
Regarding future pecuniary losses, other than the note written by
complainant’s doctor in June 1994, indicating that complainant suffered
possible long-term, intermittent depression, the Commission finds
that complainant submitted no documentation from medical professionals
indicating the extent or duration of future medical costs. Complainant’s
listing of past medical expenses indicates that she last visited a
doctor or therapist on February 20, 1996. She listed two receipts for
prescription drugs in 1997 totaling $285.63, and one in January 1998,
for $66.99. We, therefore, find the $6,447.08 sought by complainant to
be speculative and affirm the agency’s denial of future pecuniary damages.
CONCLUSION
Based upon a review of the record herein, it is the decision of the
Commission to MODIFY the agency’s decision with regard to the issue
of compensatory damages, awarding $50,000 in non-pecuniary damages,
$6,447.08 in past pecuniary damages, and nothing in future pecuniary
damages for a total of $56,447.08 in compensatory damages.
ORDER
The agency is ORDERED to pay complainant compensatory damages in the
amount of $56,447.08, plus interest, less any amount already paid, within
thirty (30) calendar days of the date this decision becomes final. The
agency shall also pay complainant reasonable attorney’s fees incurred in
pursuit of this appeal. A copy of the agency’s letter to complainant
forwarding payment of the determined compensatory damages must be sent
to the Compliance Officer, as referenced below.
