Tips for Claiming Non-pecuniary Damages at EEOC -Employment Discrimination

Non-pecuniary damages are when EEOC gives you monetary compensation for harm that was non-monetary.

My damages were mostly non-pecuniary. For me, they included loss of professional reputation, social isolation, stress-related physical symptoms, emotional pain, impairment of relationships, issues of self-worth.

Examples from EEOC:
“…emotional pain & 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, fright, shock, humiliation, indignity, apprehension, marital strain, loss of self-esteem, anxiety, depression, loss of respect of one's friends and family, isolation, and grief.”
Source: https://www.eeoc.gov/d-nonpecuniary-c...

Non-pecuniary EEOC awards vary depending on the extent, nature, and severity of harm. An EEOC administrative judge awarded me the maximum that he could under the law. NASA appealed to the Commission, who upheld my full award. Both are rare.

This video looks at EEOC guidance & non-pecuniary damages. As we go through, I share how I established harm by sharing parts of my story. My testimony & my husband's painted a clear, ugly picture of how being denied RA damaged me.

When it’s time to testify about non-pecuniary harm, your pain is your strength!
So be vulnerable; be specific & be honest. Don’t hide your feelings or embellish. Share your truth & let it speak.

EXTENT focuses on the frequency & intensity of individual symptoms of stress, anxiety and depression. Symptoms like :

“… crying, sleeplessness, fatigue, headaches, gastrointestinal problems, and sudden and uncharacteristic loss of weight, increased use of alcohol”
This list is not inclusive.

Source: https://www.eeoc.gov/d-nonpecuniary-c...
Give details of your symptoms - how often, how bad & and how the discrimination caused them.

NATURE is how the harm affects you and whether it’s reasonable.
EEOC saw my harm as dehumanizing. It was embarrassing to share in court, but felt good to have an impartial judge hear & understand.

SEVERITY is about how damaging the harm is. I felt like human garbage, and I shared what my boss did to feed that feeling.

CORROBORATION:
Testimony from friends & family about the changes they've observed can bolster your testimony & help support an award for damages. EEOC says that if you’re specific enough about your harm, you may not need corroboration. I found that to be true.

What NASA did wasn’t the worst thing anyone ever did to a person.
But... it was bad enough to warrant a maximum award at EEOC!

My stories made three points:
I was harmed
It was extensive, severe and very damaging
It was a result of NASA’s discrimination


I hope these condensed versions of my stories will help you figure out how to tell your own, in a way that paints a clear picture of YOUR harm.


For this one part of the process your testimony is your best evidence, and letting the judge see your little corner of hell… without covering it up or exaggerating… is the best thing you can do for yourself.


EXTRA INFO-

ASPECTS OF NATURE:
Life impairment – diminished quality of life. (Enjoyment, self-esteem, etc.)
Emotional distress – diminished mental health


---- All opinions are my own. Not LEGAL advice. Just me sharing my perspective as an employee who went through the EEOC claims process & won. I am not an expert at all things EEOC. While I do my best to be factual in my observations, viewers should assume that all observations or statements are ALLEGEDLY. *Never trust your fate to a YouTube content creator. Do your own research, pilot your own vessel. *

--- Background photo on thumb courtesy of searchable NASA Image Library: https://images.nasa.gov/
Pain and suffering –diminished mental or physical abilities
Impairment of relationships – diminished ability to relate socially or with family, colleagues or their life partner.
Future employability – diminished ability to tolerate or function in a similar work environment

Forbes on Emotional Damages: https://www.forbes.com/sites/ericbach...

---- All opinions are my own. Not LEGAL advice. Just me sharing my perspective as an employee who went through the EEOC claims process & won. I am not an expert at all things EEOC. While I do my best to be factual in my observations, viewers should assume that all observations or statements are ALLEGEDLY. *Never trust your fate to a YouTube content creator. Do your own research, pilot your own vessel. *

--- Background photo on thumb courtesy of searchable NASA Image Library: https://images.nasa.gov/

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