EEOC reverses itself and increases federal employee award. Complainant, a USPS employee, filed EEO complaints alleging harassment and discrimination on the basis of disability and reprisal for prior protected activity.

After a hearing, an EEOC Administrative Judge (AJ) found in Complainant’s favor. The AJ awarded $29,000 in pecuniary damages and $95,000 in non-pecuniary emotional distress damages. On appeal, to the EEOC’s Office of Federal Operations (OFO), Complainant argued that she would be awarded more damages.  The OFO concluded that when determining an award for non-pecuniary compensatory damages, the Commission may consider the present-day value of comparable awards and adjust as needed. As a result, the Complainant’s award was modified to give her $110,000 in non-pecuniary compensatory damages.

Lara G. v. United States Postal Service, EEOC Request No. 0520130618 (June 9, 2017)

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