Spiritual counseling can provide a trusted help for the damaged and suffering complainant with mental and emotional harm.
After a careful review of the record, the Commission finds that the AJ’s Findings and Conclusions summarized the relevant facts and referenced the appropriate regulations, policies, and laws. We discern no basis to disturb the AJ’s Findings and Conclusions with respect to his determination that complainant had been discriminated against in regards to issue 1, but not issue 2.
Spiritual Counseling from an Indian doctor should not be disregarded
We also find, however, that in regards to the amount of compensatory damages the AJ awarded, the AJ improperly disregarded complainant’s testimony about having sought counseling from his Indian doctor because he would not disclose the name of that doctor.
To the extent that the testimony was offered to show complainant’s need to seek medical attention for his mental and emotional harm, the AJ was correct that the complainant had placed his mental condition at issue, and that the agency should have had the opportunity to rebut that evidence.
To the extent that the testimony was offered to show complainant’s state of mind, we find that his need to seek counseling from a person who was not only his doctor, but his spiritual counselor as well, has relevance and should have been considered in determining the amount of compensatory damages.
Mental and Emotional Harm only worth $6,000
To that end we have considered the testimony, and hereby adjust the amount of compensatory damages awarded by the AJ, awarding a total of $6,000.00 to complainant in order to be consistent with previous awards of compensatory damages made by the Commission, where the harm suffered was similar to complainant’s.<2>
ref:
Robert L. Smith v. Department of Defense – Defense Finance &Accounting
Service
01984888
12-22-00
.
Robert L. Smith,
Complainant,
v.
William S. Cohen,
Secretary,
Department of Defense,
(Defense Finance & Accounting Service),
Agency.
Appeal No. 01984888
Agency No. DFAS-IN-OOHB-95-033
Hearing No. 320-96-8372X
