Even if you filed your EEOC Claim on time, have a valid EEOC claim and can prove the discrimination happened, that doesn’t mean your claim has any value. Don’t forget the evidence.
Having carefully considered the facts of this case, the Commission finds that complainant is entitled to non-pecuniary damages in the amount of $3,500.00. In reaching this amount, the Commission has
considered a number of factors, including: the nature and severity of the discrimination, and the nature and severity of complainant’s mental anguish and related symptoms.
We also considered that some of complainant’s emotional distress during the relevant time-frame was
attributable to factors not related to the discrimination, such as the recent death of his mother and the emotional stress associated with his wife’s work-related injury.
We also note that complainant failed to present sufficient evidence concerning his mental anguish to assist the Commission in arriving at a reasonable amount of damages. The record contains no psychiatric evaluations or evidence that complainant received any medications to treat his mental and emotional state. Furthermore, the MHE provided by complainant mentioned only “moderate” depression and anxiety. Finally, we considered the amounts awarded in similar cases.
Based on all these considerations, we find that $3,500.00 is a proper award for the mental anguish which complainant has suffered.
When the commission mentioned the recent death of his mother and his wife’s injury, how did they find this out? Was it in the medical report, or was there an investigator?
