In a prior decision, the Commission found that the Agency discriminated against Complainant on the bases of her sex, race, and prior EEO activity when it denied her request to attend training and terminated her employment.
The Commission ordered the Agency to conduct a supplemental investigation with regard to Complainant’s claim for compensatory damages, and the Agency awarded Complainant $40,000. On appeal, the Commission found that the evidence of record supported a higher award of $150,000. Specifically, the record showed that Complainant suffered from depression, anxiety, stress, insomnia, difficulty concentrating, disassociation, crying spells, social isolation, damage to her professional reputation, withdrawal from relationships, and short-term memory loss. In addition, Complainant experienced nightmares, panic, worsening abdominal pain, worsening hypertension, weight loss, and worsening psoriasis brought on by stress.
The Commission stated that despite Complainant’s pre-existing conditions and additional stressors, the Agency’s discriminatory termination was the proximate cause of her emotional and physical problems. The Commission concluded that an award of $150,000 was clearly supported by the evidence, and based on the actual harm experienced as a result of the Agency’s actions.
The Commission also found that Complainant was entitled to payment of $39,121.59 in pecuniary damages representing foregone interest and penalties incurred as a result of the withdrawal of funds from her Thrift Savings Plan account.
Brown-Fleming v. Dep’t of Justice, EEOC Appeal No. 0120082667 (October 28, 2010).
