Thursday, July 12, 2012

Bernard is awarded $80,000.00 by EEOC AJ

We also considered the amounts awarded in similar cases.  We note that

there have been several recent Commission decisions which have awarded

non-pecuniary damages for emotional distress.  For example, in Bernard

v. Department of Veterans Affairs, EEOC Appeal No. 01966861 (July 17,

1998), the Commission awarded $80,000.00 to a complainant who was denied

a reasonable accommodation and non-selected for a position in May, 1992.

Complainant, through his own testimony and the testimony of his friends

and family, presented evidence that he experienced symptoms of depression,

as well as headaches, ringing in his ears, vomiting, raised blood

pressure, grinding of his teeth, and insomnia.  Complainant's dentist

affirmed that the stress of complainant's job situation caused him to

have trouble sleeping and to grind and clench his teeth at night, which

resulted in dental pain and necessitated the use of a night guard and

sedative medication.  We note that the complainant in Bernard sustained

such injuries over a five-year period.
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Martin Luther King Jr.

Martin Luther King Jr.
Martin Luther King Jr.

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