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Home Winning EEOC claims Compensatory Damages

What are the legal standards for an award of compensatory damages?

civilrightsfed by civilrightsfed
February 1, 2020
in Award Reduction, Compensatory Damages, Future Damages, Out Of Pocket Expense, Past Pecuniary, Pecuniary Damages, Pecuniary Losses, Winning EEOC claims
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Just being discriminated against while at work, is not an instant reward for reporting. There is nothing instant about winning an award from a federal agency. You must first meet the legal standard.

legal standard

A. Legal Standards for an Award of Compensatory Damages

Pursuant to section 102(a) of the Civil Rights Act of 1991 (CRA 1991),

a complainant who establishes his or her claim of unlawful discrimination

may receive, in addition to equitable remedies, compensatory damages

for past and future pecuniary losses (i.e., out of pocket expenses)

and non-pecuniary losses (e.g., pain and suffering, mental anguish).

42 U.S.C. § 1981a(b)(3).  For an employer with more than 500 employees,

such as the agency, the limit of liability for future pecuniary and

non-pecuniary damages is $300,000.  Id.

The particulars of what relief may be awarded, and what proof is

necessary to obtain that relief, are set forth in detail in EEOC

Notice No. N 915.002, Compensatory and Punitive Damages Available

Under Section 102 of the Civil Rights Act of 1991 (July 14, 1992).

Briefly stated, the complainant must submit evidence to show that the

agency’s discriminatory conduct directly or proximately caused the losses

for which damages are sought.  Id. at 11-12, 14; Rivera v. Dept. of the

Navy, EEOC Appeal No. 01934157 (July 22, 1994).  The amount awarded should

reflect the extent to which the agency’s discriminatory action directly or

proximately caused harm to the complainant and the extent to which other

factors may have played a part.<1>  EEOC Notice No. N 915.002 at 11-12.

The amount of non-pecuniary damages should also reflect the nature and

severity of the harm to the complainant, and the duration or expected

duration of the harm.  Id. at 14.

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.

The Commission applies the principle that “a tortfeasor takes its

victims as it finds them.”  Wallis v. U.S. Postal Service, EEOC Appeal

No. 01950510 (November 13, 1995) (quoting Williamson v. Handy Button

Machine Co., 817 F.2d 1290, 1295 (7th Cir. 1987).  The Commission

also applies two exceptions to this general rule.  First, when a

complainant has a pre-existing condition, the agency is liable only

for the additional harm or aggravation caused by the discrimination.

Second, if the complainant’s pre-existing condition inevitably would have

worsened, the agency is entitled to a reduction in damages reflecting

the extent to which the condition would have worsened even absent the

discrimination; the burden of proof being on the agency to establish the

extent of this entitlement.  Wallis, EEOC Appeal No. 01950510 (citing

Maurer v. United States, 668 F.2d 98 (2d Cir. 1981); Finlay v. U.S. Postal

Service, EEOC Appeal No. 01942985 (April 29, 1997).  The Commission

notes, however, that complainant is entitled to recover damages only

for injury, or additional injury, caused by the agency’s discriminatory

actions.  Terrell v. Dept. of Housing and Urban Development, EEOC Appeal

No. 01961030 (October 25, 1996);  EEOC Notice No. N 915.002 at 12.

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