EEOC Appeal 2025001349

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Sector
P.O. Box 77960
Washington, DC 20013
Roxane C.,1
Complainant,
v.
David Steiner,
Postmaster General,
United States Postal Service
(Field Areas and Regions),
Agency.
Appeal No. 2025001349
Agency No. 4G-770-0355-22
DECISION
Complainant filed an appeal with the Equal Employment Opportunity Commission
(EEOC or Commission), pursuant to 29 C.F.R. § 1614.403(a), from the Agency’s
December 11, 2024 final decision concerning her entitlement to compensatory
damages. 	For the following reasons, the Commission MODIFIES the Agency’s
final decision.
At the time of events giving rise to this complaint, Complainant worked as a City
Carrier at the Agency’s River Oaks Station in Houston, Texas.
On October 31, 2022, Complainant filed an EEO complaint alleging that the Agency
discriminated against her on the bases of race (African American, Black), sex
(female), and in reprisal for protected EEO activity.
1 	This 	case 	has 	been 	randomly 	assigned 	a 	pseudonym 	which 	will 	replace
Complainant’s 	name 	when 	the 	decision 	is 	published 	to 	non-parties 	and 	the
Commission’s website.

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In Nicole K. v. U.S. Postal Serv., EEOC Appeal No. 2023004325 (Oct. 17, 2024),
the Commission found the Agency subjected Complainant to discrimination based
on race, sex, sexual orientation, and in reprisal for protected activity when she
received a Letter of Warning; subjected Complainant to discrimination based on
race, 	sex, 	and 	sexual 	orientation 	when 	she 	was 	denied 	overtime; 	subjected
Complainant to discrimination based on sexual orientation and reprisal when she
received 	a 	Seven-Day 	Suspension 	for 	Conduct 	Unbecoming; 	subjected 	to
Complainant to discrimination based on race, sex, sexual orientation, and reprisal
when she received a Notice of Removal; and subjected Complainant to a hostile
work environment based on race, sex, sexual orientation, and reprisal. 	To remedy
the discrimination, the Commission ordered the Agency to, among other things,
conduct 	a 	supplemental 	investigation 	into 	Complainant’s 	entitlement 	to
compensatory 	damages 	and 	issue 	a 	final 	decision 	addressing 	compensatory
damages.
On December 11, 2024, the Agency issued a final decision awarding Complainant
$18,000.00 in nonpecuniary compensatory damages and no pecuniary compensatory
damages. 	Complainant filed the instant appeal. 	On appeal, Complainant only
challenges the amount of nonpecuniary compensatory damages awarded.
ANALYSIS
When discrimination is found, the agency must provide the complainant with a
remedy that constitutes full, make-whole relief to restore him or her as nearly as
possible to the position he or she would have occupied absent the discrimination.
See e.g., Franks v. Bowman Transp. Corp., 424 U.S. 747, 764 (1976); Albemarle
Paper Co. v. Moody, 422 U.S. 405, 418-419 (1975).
Pursuant to Section 102(a) of the 1991 Civil Rights Act, 42 U.S.C § 1981(a), a
complainant who establishes his or her claim of unlawful intentional discrimination
under Title VII, as amended, may receive an award of compensatory damages for
past and future pecuniary losses (i.e. out of pocket expenses), and for nonpecuniary
losses, such as, but not limited to, emotional pain and suffering, mental anguish, loss
of enjoyment, injury to character and reputation) as part of this “make whole” relief.
42 U.S.C § 1981(b)(3). In this regard, the Commission has authority to award such
damages in the administrative process. See West v. Gibson, 527 U.S. 21, 218-219
(1999).

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To receive compensatory damages, a complainant must demonstrate that he or she
has been harmed because of the agency's discriminatory action. Complainant is also
required to provide objective evidence that would allow the Agency to assess the
merits of his or her request for nonpecuniary damages.
Nonpecuniary Damages
Nonpecuniary losses are losses that are not subject to precise quantification, i.e.,
emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life,
injury to professional standing, injury to character and reputation, injury to credit
standing, and loss of health. See EEOC Notice No. 915.302, Enforcement Guidance
on Compensatory and Punitive Damages Available Under Section 102 of the Civil
Rights Act of 1991, at 10 (July 14, 1992). There is no precise formula for
determining the amount of damages for nonpecuniary losses except that the award
should reflect the nature and severity of the harm and the duration or expected
duration of the harm. See Loving v. Dep't of the Treasury, EEOC Appeal No.
01955789 (Aug. 29, 1997). The Commission notes that nonpecuniary compensatory
damages are designed to remedy the harm caused by the discriminatory event rather
than punish the agency for the discriminatory action. Furthermore, compensatory
damages 	should 	not 	be 	motivated 	by 	passion 	or 	prejudice 	or 	“monstrously
excessive” standing alone but should be consistent with the amounts awarded in
similar cases. See Ward-Jenkins v. Dep't of the Interior, EEOC Appeal No.
01961483 (Mar. 4, 1999).
Evidence from a health care provider or other expert is not a mandatory prerequisite
for recovery of compensatory damages for emotional harm. See Lawrence v. U.S.
Postal Serv., EEOC Appeal No. 01952288 (Apr. 18, 1996) (citing Carle v. Dep't of
the Navy, EEOC Appeal No. 01922369 (Jan. 5, 1993)). Objective evidence of
compensatory damages can include statements from a complainant concerning her
emotional pain or suffering, inconvenience, mental anguish, loss of enjoyment of
life, injury to professional standing, injury to character or reputation, injury to credit
standing, loss of health, and any other nonpecuniary losses that are incurred because
of the discriminatory conduct. Id.
Complainant has the burden of proving the existence, nature and severity of the
alleged emotional harm. Man H. v. Dep't. of Homeland Sec., EEOC Appeal No.
0120161218 (May 2, 2017). Complainant must also establish a causal relationship
between the alleged harm and the discrimination. Id. Absent such proof of harm and

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causation, a complainant is not entitled to compensatory damages, even if there were
a finding of unlawful discrimination. Id.; Wilda M. v. U.S. Postal Serv., EEOC
Appeal No. 0120141087 (Jan. 12, 2017) (awards for emotional harm are warranted
only if complainant establishes a sufficient causal connection between the agency's
illegal actions and her injury).
Here, Complainant provided an affidavit in support of damages wherein she
described experiencing loss of job satisfaction, reliance on medication, changes in
interpersonal relationships at work, financial difficulties, an impact on her spouse,
deprivation of upward mobility, and increased anxiety, depression, and stress.
Upon review, we find that the Agency’s award of $18,000.00 is insufficient and an
award of $30,000.00 in nonpecuniary compensatory damages would be more
appropriate. 	We find that this amount meets the goals of not being “monstrously
excessive” and being consistent with the amounts in other cases. See Michael G. v.
Dep't of Veterans Affs., EEOC Appeal No. 2021002218 (June 29, 2022) (awarding
a complainant $35,000.00 where the complainant suffered stress, moodiness, loss of
appetite, weight loss, and strained relationships with his wife and daughter over a
period of 18 months as a result of the agency's discriminatory harassment); Erik S.
v. Dep't of Justice, EEOC Appeal No. 2020004617 (Dec. 13, 2021) (affirming an
award of $30,000.00 where the complainant suffered increased depression and
PTSD, experiencing suicidal thoughts, sadness, irritability, agitation, paranoia, sleep
disturbances, lack of energy, and loss of interest in spending time with family); Jill
M. v. Dep't of Def., EEOC Appeal No. 2021000550 (July 15, 2021) (awarding
$30,000.00 where the complainant suffered anxiety, depression, sleep disturbances,
lowered self-confidence, weight gain and other physical changes due to distress over
the agency's harassment).
CONCLUSION
Based on a thorough review of the record and the contentions on appeal, including
those not specifically addressed herein, we MODIFY the Agency's final decision on
compensatory damages and REMAND the matter to the Agency for further
processing in accordance with this decision and the ORDER below.

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ORDER
Within 60 calendar days of the date this decision is issued, the Agency shall pay
Complainant 	$30,000.00 	in 	nonpecuniary 	compensatory 	damages, 	less 	any
amount(s) previously paid to Complainant as nonpecuniary compensatory damages.
The Agency is further directed to submit a report of compliance in digital format as
provided in the statement entitled “Implementation of the Commission's Decision.”
The report shall be submitted via the Federal Sector EEO Portal (FedSEP). See 29
C.F.R. § 1614.403(g). Further, the report must include evidence that the corrective
action has been implemented.
ATTORNEY'S FEES (H0124)
If Complainant has been represented by an attorney (as defined by 29 C.F.R. §
1614.501(e)(1)(iii)), they are entitled to an award of reasonable attorney's fees
incurred in the processing of the complaint. 29 C.F.R. § 1614.501(e). The award of
attorney's fees shall be paid by the Agency. The attorney shall submit a verified
statement of fees to the Agency -- not to the Equal Employment Opportunity
Commission, Office of Federal Operations -- within thirty (30) calendar days of
receipt of this decision. The Agency shall then process the claim for attorney's fees
in accordance with 29 C.F.R. § 1614.501.
IMPLEMENTATION OF THE COMMISSION’S DECISION (K0719)
Under 29 C.F.R. § 1614.405(c) and §1614.502, compliance with the Commission’s
corrective action is mandatory. Within seven (7) calendar days of the completion of
each ordered corrective action, the Agency shall submit via the Federal Sector EEO
Portal (FedSEP) supporting documents in the digital format required by the
Commission, referencing the compliance docket number under which compliance
was being monitored. Once all compliance is complete, the Agency shall submit via
FedSEP a final compliance report in the digital format required by the Commission.
See 29 C.F.R. § 1614.403(g). 	The Agency’s final report must contain supporting
documentation when previously not uploaded, and the Agency must send a copy of
all submissions to the Complainant and his/her representative.

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If the Agency does not comply with the Commission’s order, the Complainant may
petition the Commission for enforcement of the order. 	29 C.F.R. § 1614.503(a).
The Complainant also has the right to file a civil action to enforce compliance with
the Commission’s order prior to or following 	an 	administrative petition 	for
enforcement. See 29 C.F.R. §§ 1614.407, 1614.408, and 29 C.F.R. § 1614.503(g).
Alternatively, the Complainant has the right to file a civil action on the underlying
complaint in accordance with the paragraph below entitled “Right to File a Civil
Action.” 29 C.F.R. §§ 1614.407 and 1614.408. A civil action for enforcement or a
civil action on the underlying complaint is subject to the deadline stated in 42 U.S.C.
2000e-16(c) (1994 & Supp. IV 1999). If the Complainant files a civil action, the
administrative 	processing 	of 	the 	complaint, 	including 	any 	petition 	for
enforcement, will be terminated. See 29 C.F.R. § 1614.409.
Failure by an agency to either file a compliance report or implement any of the orders
set forth in this decision, without good cause shown, may result in the referral of this
matter to the Office of Special Counsel pursuant to 29 C.F.R. § 1614.503(f) for
enforcement by that agency.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M1125)
The Commission may, in its discretion, reconsider this appellate decision if
Complainant or the Agency submits a written request that contains arguments or
evidence that tend to establish that:
1. 	The appellate decision involved a clearly erroneous interpretation of
material fact or law; or
2. 	The appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
Requests for reconsideration must be filed with EEOC’s Office of Federal Sector
(OFS) within thirty (30) calendar days of receipt of this decision. 	If the party
requesting reconsideration elects to file a statement or brief in support of the request,
that 	statement 	or 	brief 	must 	be 	filed 	together 	with 	the 	request 	for
reconsideration. 	A party shall have twenty (20) calendar days from receipt of
another party’s request for reconsideration within which to submit a brief or
statement in opposition. See 29 C.F.R. § 1614.405; Equal Employment Opportunity
Management Directive for 29 C.F.R. Part 1614 (EEO MD-110), at Chap. 9 § VII.B
(Aug. 5, 2015).

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Complainant should submit their request for reconsideration, and any statement or
brief in support of their request, via the EEOC Public Portal, which can be found at
https://publicportal.eeoc.gov/Portal/Login.aspx. 	Alternatively, Complainant can
submit their request and arguments to the Director, Office of Federal Sector, Equal
Employment Opportunity Commission, via regular mail addressed to P.O. Box
77960, Washington, DC 20013, or by certified mail addressed to 131 M Street, NE,
Washington, DC 20507. 	In the absence of a legible postmark, a complainant’s
request to reconsider shall be deemed timely filed if OFS receives it by mail within
five days of the expiration of the applicable filing period. See 29 C.F.R. § 1614.604.
An agency’s request for reconsideration must be submitted in digital format via the
EEOC’s Federal Sector EEO Portal (FedSEP). See 29 C.F.R. § 1614.403(g). Either
party’s request and/or statement or brief in opposition must also include proof of
service on the other party, unless Complainant files their request via the EEOC
Public Portal, in which case no proof of service is required.
Failure to file within the 30-day time period will result in dismissal of the party’s
request for reconsideration as untimely, unless extenuating circumstances prevented
the timely filing of the request. 	Any supporting documentation must be
submitted together with the request for reconsideration. 	The Commission will
consider requests for reconsideration filed after the deadline only in very limited
circumstances. See 29 C.F.R. § 1614.604(f).
COMPLAINANT’S RIGHT TO FILE A CIVIL ACTION (T0124)
This decision affirms the Agency’s final decision/action in part, but it also requires
the Agency to continue its administrative processing of a portion of your complaint.
You have the right to file a civil action in an appropriate United States District Court
within ninety (90) calendar days from the date that you receive this decision on
both that portion of your complaint which the Commission has affirmed and that
portion of the complaint which has been remanded for continued administrative
processing. 	In the alternative, you may file a civil action after one hundred and
eighty (180) calendar days of the date you filed your complaint with the Agency,
or your appeal with the Commission, until such time as the Agency issues its final
decision on your complaint. 	If you file a civil action, you must name as the
defendant in the complaint the person who is the official Agency head or department
head, identifying that person by their full name and official title. 	Failure to do so
may result in the dismissal of your case in court. “Agency” or “department” means
the national organization, and not the local office, facility or department in which

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you work. If you file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z0815)
If you want to file a civil action but cannot pay the fees, costs, or security to do so,
you may request permission from the court to proceed with the civil action without
paying these fees or costs. Similarly, if you cannot afford an attorney to represent
you in the civil action, you may request the court to appoint an attorney for you. You
must submit the requests for waiver of court costs or appointment of an
attorney directly to the court, not the Commission. The court has the sole
discretion to grant or deny these types of requests. Such requests do not alter the
time limits for filing a civil action (please read the paragraph titled Complainant’s
Right to File a Civil Action for the specific time limits).
FOR THE COMMISSION:
T. Gimbrere
___________________________ 	Gul Chaudhry’s signature
T. Gimbrere, Acting Director
Office of Federal Sector
September 28, 2026
Date