In a recent decision from the EEOC’s Office of Federal Operations, the EEOC increased an employee’s award of non-pecuniary, compensatory damages from $10,000 to $85,000. Scott K. v. U.S. Postal Service, EEOC Appeal No. 0120182127 (February 20, 2020). The EEOC found that $10,000 was insufficient to compensate the federal employee for the agency’s failure to provide a reasonable accommodation for his disability. As a result of the discrimination, the employee was diagnosed with Major Depressive Disorder. Although he did not submit medical evidence, he did provide detailed statements explaining the extent of the other impacts of the discrimination, including his “mental anguish, headaches, stomach aches, mood changes, crying episodes, aggressiveness, irritability, insomnia, tension, depression, emotional distress, and anxiety.” As a result, the EEOC determined the appropriate award of damages for emotional and physical harm was $85,000.

If you have questions about this decision, or available compensatory damages in your case, feel free to contact The Wick Law Office at 720-999-5390 or ben@wick-law.com