When you consider how many years ago maximum awards were mandated by congress, if you win your EEOC Claim of discrimination and that non government awards can be in millions, in my opinion $300,000 is not monstrously excessive for a federal employee to be awarded.
It should also be known, that when the term monstrously excessive is used, its usually a tool by the federal agency to reduce the federal employees award.
B. Non-pecuniary Damages
Non-pecuniary damages constitute the sums necessary to compensate the
injured party for actual harm, even where the harm is intangible.
Carter v. Duncan-Higgins, Ltd., 727 F.2d 1225 (D.C. Cir. 1984).
The award should take into account the severity and duration of the
harm. Carpenter v. Department of Agriculture, EEOC Appeal No. 01945652
(July 17, 1995). Non-pecuniary and future pecuniary damages against
the agency here at issue are limited to an amount of $300,000.00.
The Commission notes that for a proper award of non-pecuniary damages,
the amount of the award should not be “monstrously excessive” standing
alone, should not be the product of passion or prejudice, and should be
consistent with the amount awarded in similar cases. See Ward-Jenkins
v. Department of the Interior, EEOC Appeal No. 01961483 (March 4, 1999)
(citing Cygnar v. City of Chicago, 865 F. 2d 827, 848 (7th Cir. 1989)).
Applying the above legal standards, we agree with the agency that
complainant submitted sufficient unrebutted evidence to establish that
he suffered emotional harm as a result of the agency’s discrimination.
The record contains several medical opinions and witness statements
describing the effect the discrimination had on complainant’s mental
and physical health.
Complainant’s psychiatrist stated that he had began treating complainant
after his termination by the agency in 1992 and has continued treatments
up to the date of complainant’s appeal. He opined that as a direct result
of the agency’s discrimination, complainant suffered severe depression,
anxiety, irritable bowel syndrome, interference with marital and social
life, and numerous other post-traumatic stress disorder symptoms.
He further opined that the discrimination exacerbated complainant’s
pre-existing learning disabilities. He stated that he prescribed numerous
tranquilizers and antidepressants in an effort to treat complainant.
He believed that complainant needed indefinite future treatment to
correct the effects of the physical and emotional damage caused by the
discrimination.
In addition, complainant’s psychologist and vocational counselor, who
had worked with complainant prior to his employment with the agency,
stated that the agency’s discrimination caused severe setbacks to
complainant’s ability to overcome his learning disabilities. He further
stated that subsequent to the discrimination, he has worked over three
years with complainant to overcome the effects of the discrimination.
He believed further work was necessary to enable complainant to return
to his pre-discrimination state.
Last, complainant’s personal physician stated that he began treating
complainant in July 1995 and diagnosed him as suffering from stress
and depression. He stated that complainant further presented evidence
of chest pain, myalgia, debilitating diarrhea, headaches and other
somatic complaints that directly resulted from occupational stress.
Complainant presented evidence from other physicians, but we find that
the evidence relating to his carpal tunnel syndrome and deviated septum
are unrelated to the agency’s discriminatory actions.
Complainant also presented statements from his wife and a friend in
support of his claim. Complainant’s wife stated that as a result of the
agency’s discrimination, her husband became lethargic and very irritable
and suffered from anxiety, emotional distress, depression, shame, loss
of self-confidence and irritable bowel syndrome. She stated that they
have neither slept in the same bed nor had marital relations since 1992.
She further provided that complainant does not socialize or participate
in any hobbies. A friend of complainant provided a statement expressing
that after complainant’s experience with the agency, he appeared depressed
with a changed outlook on life. She stated that he stopped rowing with
her and others friends, and after a period of time completely stopped
socializing all together.
We find that the uncontroverted evidence in the form of medical opinions
and statements from his wife and a friend establishes complainant’s
entitlement to compensatory damages. While there is no dispute
that complainant is entitled to non-pecuniary damages, the parties
differ on the appropriate amount necessary to remedy the harm caused
by the discrimination. Complainant contends that he should receive
$1,410,000.00. The agency offers that $45,000.00 properly compensates
complainant for any harm caused by the discrimination. We note that the
Commission has awarded compensatory damages in cases somewhat similar to
complainant’s case in terms of the harm sustained. See, e.g., McCann
v. Department of the Air Force, Appeal No. 01971851 (October 23, 1998)
($75,000.00 in non-pecuniary damages for a discriminatory discharge
where complainant presented evidence of feelings of psychological
numbness, anger, insomnia, depression, flashbacks, nightmares, fear,
fatigue, diminished pleasure in activities, some social withdrawal, less
confidence on the job and a constant fear of unjustified job loss);
Santiago v. Department of the Army, Appeal No. 01955684 (Oct. 14,
1998) ($125,000.00 in non-pecuniary damages where complainant suffered
depression and other emotional and mental disorders, and severe chest
and stomach pains, digestive problems, and incidents of shortness
of breath due to three years of verbal abuse and sex and age-based
discrimination by her supervisor); Brinkley v. United States Postal
Service, EEOC Appeal No. 01953977 (January 23, 1998) ($110,000.00 in
non-pecuniary damages for the injury sustained by complainant resulted in
her hospitalization, and the various symptoms she experienced included
hopelessness, loss of energy, agoraphobia, loss of interest in living,
depressed mood, impaired memory and concentration, insomnia, agitation,
and loss of interest in routine activities and personal self care); Finlay
v. United States Postal Service, EEOC Appeal No. 01942985 (April 29, 1997)
($100,000.00 in non-pecuniary damages for severe psychological injury
over four years which was expected to continue for an indeterminate
period of time, including ongoing depression, frequent crying, concern
for physical safety, loss of charm, lethargy, social withdrawal, concern
for physical safety, recurring nightmares and memories of harassment,
a damaged marriage, stomach distress, and headaches).
After analyzing the evidence which establishes the physical and emotional
harm sustained by complainant and upon consideration of damage awards
reached in comparable cases, the Commission finds that complainant
is entitled to an award of non-pecuniary damages in the amount of
$125,000.00. We find this case analogous to the above-referenced
cases with respect to the nature, severity and duration of the harm.
In reviewing the evidence, we find that complainant has suffered
physical and emotional harm in the form of severe depression, anxiety,
irritable bowel syndrome, interference with marital and social life,
social withdrawal, loss of self-confidence, shame, and damage to his
pre-existing learning disabilities. We also find that complainant’s
physical and emotional harm began in 1992 and has continued through
the filing of his appeals in 1997. His psychiatrist believes that his
condition will continue into the indefinite future. Last, we note that
this award is not motivated by passion or prejudice, is not “monstrously
excessive” standing alone, and is consistent with the amounts awarded
in similar cases. See Cygnar, 865 F.2d at 848.
