Upon review of the evidence, and considering the nature and severity
of the harm to complainant, we find that complainant is entitled to
$150,000 in non-pecuniary damages. We find this case most similar to
that of Franklin v. United States Postal Service, EEOC Appeal No. 07A00025
(January 10, 2001) ($150,000 in non-pecuniary damages where discriminatory
constructive discharge resulted in extensive symptoms of emotional
distress, including withdrawal, acting gloomy, purposeless, depression,
inability to find comparable work at comparable salary, marital strain
leading to divorce, humiliation, embarrassment, loss of self-esteem and
shame, but no medical evidence of diagnosis or treatment for depression.);
Mack v. Department of Veteran Affairs, EEOC Appeal No. 01982317 (June
23, 2000) ($185,000 in non-pecuniary damages where complainant was
stripped of all his worldly goods, including his home, which resulted
in his being twice beaten and robbed, succumbing to the lure of illegal
drugs and having increased depression and worsened emphysema requiring
multiple medications); See also Santiago v. Department of the Army,
EEOC Appeal No. 01955684 (October 14, 1998) ($125,000 in non-pecuniary
damages where complainant suffered depression and other emotional and
mental disorders, and severe chest pains and stomach pains, digestive
problems, and incidents of shortness of breath); Cleland v. Department
of Veteran Affairs, EEOC Appeal No. 01970546 (August 9, 2000) (award
of $125,000 in non-pecuniary damages based on physical and emotional
harm for 5 years and expected to continue into the indefinite future);
and Kelly v. Department of Veteran Affairs, EEOC Appeal No. 01951729
(July 29, 1998) ($100,000 awarded where complainant was subjected to
hostile work environment that caused her to develop significant levels of
anxiety, nervousness and depression, which were manifested by nightmares,
cognitive inefficiencies, periods of tearfulness, and suicidal ideation,
and where complainant remained out of work for nearly 3 years); McCann
v. Department of the Air Force, EEOC Appeal No. 01971851 (October 23,
1998 ) ($75,000 awarded where discriminatory discharge caused complainant
significant pain and suffering over four years, including feelings
of psychological numbness, anger, insomnia, depression, flashbacks,
nightmares, intrusive bad thoughts and less confidence on the job, and a
constant fear of unjustified job loss). Accordingly, based upon awards
in similar cases and after considering the nature, severity and duration
of complainant’s harm, we find that an award of $150,000 is proper and
not monstrously excessive.
Accordingly, the Commission MODIFIES the agency’s final decision and
directs the agency to take corrective action in accordance with this
decision and the ORDER below.
ORDER (C0900)
The agency is ordered to take the following remedial action:
1. To the extent not already done so, within thirty (30) days from
the date this decision becomes final, the agency shall pay complainant
$150,000 in non-pecuniary compensatory damages and $2,703.46 in pecuniary
compensatory damages, with interest.
