In addition, Complainant's attorney spent a significant amount of time attempting to get the Agency to comply with the Commission's prior order regarding back pay and ultimately filed a petition for enforcement.
While the Commission denied the petition for enforcement because the Agency corrected its error, the Commission noted that Complainant would not have had to file the petition for enforcement had the Agency timely complied with its previous Orders.
Another co-worker indicated that Complainant no longer participates in church functions, has problems walking, and is usually depressed.
Complainant provided documentation showing that she received psychological counseling related to her medical condition.
Thus, the Agency was ordered to pay Complainant a total of ,950 in attorney's fees and .12 in costs. The Agency found that it was not liable for compensatory damages because it made a good faith effort to accommodate Complainant's disability as evidenced by its implementation of an Interpreter Procedure to provide Complainant with accommodation.
On appeal, the Commission noted that, given the Agency's acknowledgment that it did not provide Complainant with accommodation on some occasions, the only issue on appeal was whether the Agency was liable for damages.
Finally, the Commission found that Complainant's attorney provided sufficient evidence to support the claim for reasonable costs. In its final decision, the Agency acknowledged that it "did not always accommodate Complainant's requests for reasonable accommodation." Nevertheless, the Agency stated that it had reasons for not providing an interpreter on the dates in question, specifically, confusion over the date of a meeting, cancellation of a meeting, "management oversight," no "associated request," and traffic delays.Therefore, the Agency was liable for compensatory damages in connection with its failure to provide accommodation on four occasions, and the matter was remanded for a supplemental investigation on the issue of damages. 0120114330 (February 14, 2013), request for reconsideration denied, EEOC Request No. ,000 Awarded for Retaliatory Harassment and Termination.The Agency found that Complainant proved she was subjected to unlawful retaliation when she was harassed and terminated from her position, and subsequently awarded her ,000 in non-pecuniary damages. Complainant provided a statement from her therapist and medical documentation establishing that she suffered from an adjustment disorder with mixed anxiety and depression which was caused by the retaliatory discharge.Thus, the Commission concluded that Complainant was entitled to an award of ,000 in non-pecuniary damages. Complainant provided a letter from her podiatrist stating that the Agency's failure to provide Complainant with accommodation exacerbated her condition, and Complainant became depressed due to the chronic pain.The Commission affirmed the Agency's award of ,837.29 in future pecuniary damages, and ,506.97 in past pecuniary damages, as well as ,000 in attorney's fees and costs. Complainant's cousin and co-worker stated that prior to the discrimination, Complainant was energetic and outgoing but can no longer clean her house, or attend her children's functions.