EEOC OFO: No emotional distress damages in federal employee age cases. Federal employee working for the VA filed an EEO based on age and reprisal on same. The EEOC AJ issued a decision in favor of the employee. The Agency filed an appeal with The Equal Employment Opportunity Commission (EEOC) questioning whether the final order on a case concerning the Age Discrimination in Employment Act was correct in awarding back pay, interest on back pay, and pecuniary damages. When reviewing the case, the Office of Federal Operations (OFO) upheld paying back pay and interest on back pay, but held that compensatory damages are not available in retaliation complaints arising solely out of prior EEO activity related to the ADEA.
Lois G. v. Dep’t of Veterans Affairs, EEOC Appeal No. 0720170034 (June 15, 2018)
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