• 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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