The Commission has held that the agency is required to request “objective
and other evidence” when the agency is put on notice of a claim for
compensatory damages before the agency issues a final decision or makes
an offer of full relief. See Carle v. Department of the Navy, EEOC
Appeal No. 01922369 (January 5, 1993). The agency properly requested
specific and relevant supplemental evidence from complainant’s attorney
as a predicate to determining his entitlement to, and the amount of
compensatory damages.
reference:
Milton Aponte,
Complainant,
v.
Michael Chertoff,
Secretary,
Department of Homeland Security,
(Immigration and Customs Enforcement Agency)
Agency.
Appeal No. 01200635321
Agency No. 040228
