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Home Discrimination Claims Substantial Evidence Deposition

Objective evidence includes a statement by complainant

civilrightsfed by civilrightsfed
February 2, 2020
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In Carle v. Department of the Navy, the Commission explained that

“objective evidence” of non-pecuniary damages could include a

statement by the complainant explaining how he or she was affected

by the discrimination.  EEOC Appeal No. 01922369 (January 5, 1993).

Statements from others, including family members, friends, and health

care providers could address the outward manifestations of the impact

of the discrimination on the complainant. Id. The complainant could also

submit documentation of medical or psychiatric treatment related to the

effects of the discrimination.  Id.

——————————————————-

She explained that she became very emotional due to

the incidents and experienced shock, disbelief, intense betrayal, fear,

anger, and sadness, followed by sorrow, depression and frustration about

the events.  She further asserted that she had difficulty concentrating

and cried most of time. In addition, she maintained that, when she

heard that CW was involved in the sexual harassment of other women in

the office, she felt sick to her stomach, and for the next ten days,

could not sleep. She described herself as very edgy and nervous, and

noted that she would shake and her heart would race when people walked up

behind her, especially males. She asserted that, even up until the day

of her affidavit, she had nightmares and required an over-the-counter

sleep aid.  She also discussed her need to take a Life Skills course in

order to assist her in coping with the incidents.

Complainant’s daughter stated that complainant has suffered a great deal

of stress, misery, and torment, and that the strain has caused insomnia,

which makes her mindless and exhausted.  She further described her

mother as high-strung and agitated.  She noted that she too was affected,

as she has had to assist her mother in dealing with recovery.

Complainant’s father and brother described complainant as feeling

nervousness and fear. Both stated that complainant would call them crying

about the situation at work.  She told them that she was fearful of losing

her job, and both noted that she appeared to feel very helpless, was

losing sleep, and was finding it hard to go to work and to concentrate.

Her father stated that complainant was hurting emotionally and was getting

sick.  Her brother noted that the situation was causing her extreme

stress and anxiety, and that the situation was becoming unbearable.

Two of complainant’s friends also provided statements regarding

complainant’s emotional state.  One friend described how complainant

was having difficulty completing daily tasks because she exerted so much

energy worrying about the incidents. She also described how complainant

was constantly in fear that another similar incident might occur.

This friend provided childcare for complainant so that she could attend

counseling services.  Complainant’s other friend, who was also a coworker,

averred that, during the time of the incident, he noticed that complainant

seemed frightened to be alone in the office. He described her as being

“hyper-vigilant, almost to the point of paranoia.”  He noted that she

related to him that she had difficulty relaxing or sleeping in her

off duty time, and that her preoccupations affected her daily life and

work performance. He also recalled that complainant told him that she

believed that CW had access to her home address and telephone number.

As such, she told him that she feared for her personal safety as well

as that of her family.

The record further reflects that complainant attended 18 one-on-one

counseling sessions from August 2002 to March 2003 due to the

incidents.  In numerous medical records, complainant’s psychologist

reported complainant’s feelings of anxiety, sleep problems, agitation,

fearfulness, and gastrointestinal problems.  The psychologist noted that,

during numerous counseling sessions, complainant described episodes of

daily anxiety, increased stress, loss of sleep, depression, and feelings

of being overwhelmed.  Finally, the record reflects that complainant

attended 24 group counseling courses at the Life Skills Learning Center

to assist her in coping with the harassment.

Based upon the objective evidence discussed above, the Commission finds

that CW’s conduct caused the pain and anguish for which complainant seeks

non-pecuniary damages.  The record reveals that the CW’s conduct resulted

in complainant requiring counseling for her daily anxiety, sleep problems,

agitation, fearfulness, and gastrointestinal problems. Furthermore, the

statements submitted by complainant, her daughter, father, brother, and

friends confirm that the subject incidents caused complainant a great deal

of stress and anxiety and caused her to have difficulty sleeping.

————–

In Carle v. Dept. of the Navy, the Commission explained that “objective

evidence” of non-pecuniary damages could include a statement by the

complainant explaining how he or she was affected by the discrimination.

EEOC Appeal No. 01922369 (January 5, 1993).  Statements from others,

including family members, friends, and health care providers could

address the outward manifestations  of the impact of the discrimination

on the complainant.  Id. The complainant could also submit documentation

of medical or psychiatric treatment related to the effects of the

discrimination.   Id.  Contrary to the assertion of the agency in this

case, however, a complainant is not required to submit evidence from

“a certified medical practitioner recognized by the agency” in order to

establish entitlement to compensatory damages.

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