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.
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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.
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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.
