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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