Equal Employment Opportunity Commission May 2008 casesCheryl D. Garner, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.John R. Garcia, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Maryam D. Munir, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Eloria Howell, Complainant, v. Elaine Chao, Secretary, Department of Labor, Agency.Ann M. King, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Ava Marshall, Complainant, v. Ed Schafer, Secretary, Department of Agriculture, Agency.Marilyn R. Petersen, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Irene C. Thiele, Complainant, v. Ed Schafer, Secretary, Department of Agriculture, Agency.Alicia A. Lowery, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Kettly Duroseau, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Ernest E. Williams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Cassandra M. Wall, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Capital-Metro Area), Agency.Patricia A. Williamson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Jack Neuman, Petitioner, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Dionisio P. Alcayaga, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Alice Chen, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Lionel C. Bobbitt, Complainant, v. Robert M. Gates, Secretary, Department of Defense, (Defense Finance & Accounting Service), Agency.George M. Depietropolo, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Florida Cook v. Solis, Sec'y, Dept. of LaborNormand Laberge, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Jose M. Bejar, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Joseph A. Franklin, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Clark J. Gasper, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security (Transportation Security Administration), Agency.Janet L. West, Complainant, v. Mary E. Peters, Secretary, Department of Transportation (Federal Aviation Administration), Agency.Steven D. Herren, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.Barbara A. Allen, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Vera J. Robinson, Complainant, v. Henry M. Paulson, Jr., Secretary, Department of the Treasury, (Internal Revenue Service), Agency.Willie F. Johnson, Complainant, v. Michael W. Wynne, Secretary, Department of the Air Force, Agency.Sheila Wilkinson, Complainant, v. Robert M. Gates, Secretary, Department of Defense, (Defense Contract Management Agency), Agency.Juanita Ragudo, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.John D. Monachino, Complainant, v. Sheila C. Bair, Chairman, Federal Deposit Insurance Corporation, Agency.Loretta Castillo, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Melenese Richardson, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security (Immigration), Agency.Neal Rehberg, Complainant, v. Michael B. Mukasey, Attorney General, Department of Justice, Agency.Dwight T. Chatmon, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Carlos Atkinson, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Edmond C. Walker, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Kenneth McGinnis, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security (Transportation Security Administration), Agency.Estell L. Thomas, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Warren K. Gladden, Complainant, v. Carlos M. Gutierrez, Secretary, Department of Commerce, Agency.Reynaldo Tulio, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Timothy D. Dougherty, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Hudnell Brogdon, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Joe L. Harper, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Robert N. Martinez, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Thu Thi Beebe, Complainant, v. Ed Schafer, Secretary, Department of Agriculture, Agency.Gilbert Rendon, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Severiano Serna, Complainant, v. Mary E. Peters, Secretary, Department of Transportation, Agency.Camille Francois, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Delanamore F. Love, Complainant, v. Michael W. Wynne, Secretary, Department of the Air Force, Agency.George E. Carr, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Robert J. White, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.Milbern J. Adams, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.Reginald Buchanan, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Petronilla Osuagwu, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Agency.Lenora Barnwell, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Donald A. Anderson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.James R. Winder, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Michael P. Clarken, Complainant, v. Carlos M. Gutierrez, Secretary, Department of Commerce, Agency.Charles M. Johnson, Complainant, v. Pete Geren, Secretary, Department of the Army, Agency.Diane L. Foster, Complainant, v. Robert M. Gates, Secretary, Department of Defense, (Defense Finance & Accounting Service), Agency.James D. Wear, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Bradley B. Smith, Complainant, v. Pete Geren, Secretary, Department of the Army, Agency.Solomon H. Toweh, Complainant, v. Elaine L. Chao, Secretary, Department of Labor, Agency.Anthony D. Moten, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Mickey C. Phillips, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.James R. Vonderhaar, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.James R. Wright, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Gwendolyn Calloway, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Edmund G. Mitchell, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Phil Hewett, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Holly M. Helmer, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Luis Velez, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area), Agency.Jolene P. Gaylord, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Charles Turner, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Maria Cardenas, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.Angela J. O'Day, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Philip E. Glidden, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Deborah T. Torney, Complainant, v. Kevin J. Martin, Chairman, Federal Communications Commission, Agency.Thomasroy M. John, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Edward J. Simpkins, Complainant, v. Elaine L. Chao, Secretary, Department of Labor, Agency.Aida L. Mendez, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Sally T. Vida, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Sonja M. Munda, Complainant, v. Pete Geren, Secretary, Department of the Army, Agency.Janie A. Jaronik, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Agency.Sonya Summers, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Everett L. Butler, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Edward J. Simpkins, Complainant, v. Elaine L. Chao, Secretary, Department of Labor, Agency.Wilbern D. Wood, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Vandester J. Jenkins, Complainant, v. Mary E. Peters, Secretary, Department of Transportation, Agency.Larry C. Huebner, Complainant, v. Pete Geren, Secretary, Department of the Army, Agency.Dolores L. Arellano,1 Complainant, v. Mary E. Peters, Secretary, Department of Transportation, Agency.Cydonna Northam, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.John Dismond, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Diane Austin, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Karen M. Valentine, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Juanita L. Green-Collins, Complainant, v. Dirk Kempthorne, Secretary, Department of the Interior, Agency.Leon Singleton, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Philip C. Matuscak, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.Libbi Rosenblum, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.Gary B. Wright, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Scott P. Sinkhorn, Complainant, v. Mary E. Peters, Secretary, Department of Transportation, Agency.Saeed U. Din, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Alakhir S. Daniels, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Marcus Cole, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area), Agency.Jo Ann Gonzales, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Janice L. Muhammad, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Karylyn Shea, Petitioner, v. Elaine L. Chao, Secretary, Department of Labor, Agency.Ronald Porter, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Leslie J. Killian, Complainant, v. Dirk Kempthorne, Secretary, Department of the Interior, Agency.Terry D. Meacham, Complainant, v. Michael O Leavitt, Secretary, Department of Health and Human Services, (Indian Health Services), Agency.Maria I. Estrada, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Sherry L. Deutsch-Beavers, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Jacquelyn D. Collins, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Karen L. Konschake, Complainant, v. Mary E. Peters, Secretary, Department of Transportation, Agency.Luciano Sanchez, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Larry D. Almon, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Great Lakes Area), Agency.Richard H. Greenlee, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Richard F. Beutler Jr, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Maria V. Carmona, Complainant, v. Henry M. Paulson, Jr., Secretary, Department of the Treasury, Agency.Brenda M. Jackson, Complainant, v. Dirk Kempthorne, Secretary, Department of the Interior (Bureau of Reclamation), Agency.Dennis K. Halsey, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Mercy Antony, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Egberto Torres, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.1Miguel A. Rodez, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Laurence Fedora, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Alan G. Woolsey, Complainant, v. Pete Geren, Secretary, Department of the Army, Agency.Artemio Alipio, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Richard N. Schowengerdt, Complainant, v. Robert M. Gates, Secretary, Department of Defense, (Defense Contract Management Agency), Agency.Judy A. McDermott, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Russell J. Bearden, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Gwendolyn E. Evans, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.Charles P. O'Connor, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Terry Lynn Brown, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Albert W. Morton, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.Darrell Bedford, Complainant, v. Michael W. Wynne, Secretary, Department of the Air Force, Agency.Kenneth E. Graf, Complainant, v. Henry M. Paulson, Jr., Secretary, Department of the Treasury, Agency.John W. Allen, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Nancy S. Lewandoski, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Barry A. Ormond, Complainant, v. Michael B. Mukasey, Attorney General, Department of Justice, Agency.Rogelio Acosta, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Frank Hooper, Complainant, v. Dirk Kempthorne, Secretary, Department of the Interior, Agency.Musheerah A. Ali, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Wai S. Chan, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Samuel Sam, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Edward Novak, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.Mary Lee Lloyd, Complainant, v. Carlos M. Gutierrez, Secretary, Department of Commerce, Agency.Marsha L. Wheeler, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Sheila R. Hendley, Petitioner, v. Alberto Gonzales, Attorney General, Department of Justice, Agency.Danny R. Jinks, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.Raymond Paniagua, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Ferial Ardalan, Complainant, v. Pete Geren, Secretary, Department of the Army, Agency.Donna Hawkins, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Henry L. Hodges, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Graciela McDaniel, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.Barbara Williams-Meade, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Valerie Gillard, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Stephan A. Jozlin, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.Candace B. Williams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.William F. Isetts, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Michael A. Haley, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.William C. Chamberlin, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Edwina Gray-Wright, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Linda Gragg, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Eugene W. Santos, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Zepour Parsanian, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Venise Thomas, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Joseph F. Spatola, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Northeast Area), Agency.Bernard Webb, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Garry D. Rissman, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security (Transportation Security Administration), Agency.Kim Tan, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Larry R. Pope, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Dean V. Ray, Complainant, v. Robert M. Gates, Secretary, Department of Defense, (Defense Information Systems Agency), Agency.Federico A. Remorin, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Nathan T. Palmer, II, Complainant, v. Robert M. Gates, Secretary, Department of Defense, (Defense Finance & Accounting Service), Agency.Brenda J. Scicchitano, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Paula J. Staub, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.James W. Richardson, Complainant, v. Robert M. Gates, Secretary, Department of Defense, (Defense Commissary Agency), Agency.Christine J. Cooper, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security (Customs and Border Protection), Agency.Jacob Jaime, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southwest Area), Agency.Linda M. Finkenbinder, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Cleant D. Brown, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Eugene M. Mikel, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Rodrick M. Garner, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Nicholas N. Glenn, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Steven F. Meeker, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Amy Gonzales, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Frank Morgan, Jr, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Elizabeth K. Losa, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Pacific Area), Agency.Carolyn D. Murphy, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Andre S. Watkins, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Car-Lette Hughey, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.Glawanda Jernigan, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Alexas Jones, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Yuri J. Stoyanov, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Charles Casarez, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Deborah A. New, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Cecelia Polford, Complainant, v. Ed Schafer, Secretary, Department of Agriculture, Agency.Agency.Rodney Mack, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Jennifer Harris-Reid, Complainant, v. Margaret Spellings, Secretary, Department of Education, Agency.Loida E. Barrios, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Manuel Alvarez, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.Natalie V. Bryant, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Gregory P. Hazel, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Sharon P. Diamond, Complainant, v. Jo Anne B. Barnhart, Commissioner, Social Security Administration, Agency.Kevin Clemons, Complainant, v. John E. Potter, Postmaster General, United States Postal Service (Western Area), Agency.On May 16, 2008, Complainant filed an appeal from the Agency's April 30, 2008, final decision concerning compensatory damages incurred as a result of the Agency's unlawful employment discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), as amended. 42 U.S.C. � 2000e et seq. The Commission accepts Complainant's appeal pursuant to 29 C.F.R. � 1614.405(a). For the following reasons, the Commission MODIFIES the Agency's final decision BACKGROUND At the time of events giving rise to this complaint, Complainant worked as an Assistant United States Attorney at the Agency's United States Attorney's Office for the Northern District of Alabama in Huntsville, Alabama. In Deirdra Brown v. Department of Justice, Appeal No. 0120045121 (December 20, 2006), the Commission found that the Agency discriminated against Complainant on the bases of her sex, race, and in reprisal for her prior protected EEO activity when: (1) on April 5, 2002, the Agency denied her request to attend a training conference in France; and (2) by letter dated May 10, 2002, the Agency terminated her employment. By way of relief, the Commission ordered the Agency to reinstate Complainant to the position of Assistant United States Attorney, remove any references to Complainant's EEO activity and the unlawful termination from her records, pay all back pay and benefits, approve Complainant's training request, pay all proven compensatory damages, provide training to all staff at Complainant's facility, consider taking appropriate disciplinary action against all responsible management officials still employed with the Agency, and post a Notice. Further, the Commission ordered the Agency to provide Complainant with front pay in the event that she rejected the offer of reinstatement to her prior position. The Agency conducted a supplemental investigation regarding compensatory damages. In its April 30, 2008, decision, the Agency awarded Complainant $40,000.00 in non-pecuniary compensatory damages for pain and suffering. The Agency also awarded Complainant $15.00 for medical expenses.1 On appeal, Complainant contends that the Agency erred in awarding only $40,000.00 in non-pecuniary compensatory damages and argues that she is entitled to the maximum statutory award of $300,000.00. Complainant also contends that she is entitled to pecuniary damages in the amount of $43,513.30 for out-of-pocket expenses, premature tax liability and loss of interest for having to liquidate her retirement account as the result of the Agency's discrimination. ANALYSIS AND FINDINGS Non-Pecuniary Damages Compensatory damages do not include back pay, interest on back pay, or any other type of equitable relief authorized by Title VII. To receive an award of compensatory damages, a complainant must demonstrate that she has been harmed as a result of the Agency's discriminatory action: the extent, nature and severity of the harm; and the duration or expected duration of the harm. See Rivera v. Department of the Navy, EEOC Appeal No. 01934157 (July 22, 1994), request for reconsideration denied, EEOC Request No. 05940927 (December 11, 1995); EEOC's Enforcement Guidance: Compensatory and Punitive Damages Available Under Section 102 of the Civil Rights Act of 1991. EEOC Notice No. 915.002 at 11-12, 14 (July 14, 1992). A complainant is required to provide objective evidence that will allow an Agency to assess the merits of her request for damages. See Carle v. Department of the Navy, EEOC Appeal No. 01922369 (January 5, 1993). The Commission applies the principle that "a tortfeasor takes its victims as it finds them." See Wallis v. United States Postal Service, EEOC Appeal No. 01950510 (November 13, 1995) (quoting Williamson v. Handy Button Machine Co., 817 F.2d 1290, 1295 (7th Cir. 1987)). However, the Commission also applies two exceptions to this general rule. First, when a complainant has a pre-existing condition, the Agency is liable only for the additional harm or aggravation caused by the discrimination. Second, if the complainant's pre-existing condition inevitably would have worsened, the Agency is entitled to a reduction in damages reflecting the extent to which the condition would have worsened even absent the discrimination; the burden of proof is on the Agency to establish the extent of these offsets. Wallis, EEOC Appeal No. 01950530 (citing Maurer v. United States, 668 F.2d 98 (2d Cir. 1981)); Finlay v. United States Postal Service, EEOC Appeal No. 01942985 (April 29, 1997). The Commission notes, therefore, that Complainant is entitled to recover damages only for injury, or additional injury, caused by the discrimination. See Terrell v. Department of Housing and Urban Development, EEOC Appeal No. 01961030 (October 25, 1996); EEOC Notice No. N 915.002 at 12. Pecuniary losses are out-of pocket losses that occurred prior to the date of resolution of the damage claim and those out-of-pocket losses that are likely to occur after resolution of the claim. Non-pecuniary 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. 915.002 at 10 (July 14, 1992). After establishing entitlement to an award of compensatory damages, there is no precise formula for determining the amount of damages for non-pecuniary 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. Department of the Treasury, EEOC Appeal No. 01955789 (August 29, 1997). It should likewise be consistent with amounts awarded in similar cases. See Hogeland v. Department of Agriculture, EEOC Appeal No. 01976440 (June 14, 1999). Moreover, we point out that non-pecuniary compensatory damages are designed to remedy a harm and not to punish the Agency for its discriminatory actions. Furthermore, compensatory damages should not be motivated by passion or prejudice or be "monstrously excessive" standing alone but should be consistent with the amounts awarded in similar cases. See Ward-Jenkins v. Department of the Interior, EEOC Appeal No. 01961483 (March 4, 1999). The Commission has held that evidence from a health care provider is not a prerequisite for recovery of compensatory damages. See Carpenter v. Department of Agriculture, EEOC Appeal No. 01945652 (July 17, 1995). Courts also have held that "expert testimony ordinarily is not required to ground money damages for mental anguish or emotional distress." See Wulf v. City of Wichita, 883 F.2d 842, 875 (10th Cir. 1989). A complainant's own testimony, along with the circumstances of a particular case, can suffice to sustain his/her burden in this regard. Nonetheless, the absence of supporting evidence may affect the amount of damages deemed appropriate in specific cases. See Lawrence v. USPS, EEOC Appeal No. 01952288 (April 18, 1996). In this case, based on our review of the evidence in the record and based upon Commission precedent, we find that Complainant is entitled to $150,000.00 in non-pecuniary damages. This is a reasonable and appropriate award based on the evidence before us. The Commission finds that the Agency properly determined that Complainant established a causal nexus between the non-pecuniary harm and the discrimination. We further concur with the Agency's finding that the record establishes that despite Complainant's pre-existing conditions and additional stressors, the Agency's discriminatory termination was the proximate cause of her emotional and physical problems. Specifically, the record shows that Complainant suffered from depression, anxiety, stress, insomnia, difficulty concentrating, disassociation, crying spells, social isolation, damage to her professional reputation, withdrawal from relationships, short-term memory loss, nightmares, panic, worsening abdominal pain, worsening hypertension, dramatic weight-loss, and worsening psoriasis brought on by stress. Supplemental Investigation. Exhibit 4 at 86-91: Exhibit 5-B10: Exhibit C1, C2. Consequently, we modify the Agency's determination of the amount because the higher amount is clearly supported by the evidence. The award is based on the actual harm experienced which was the result of the Agency's actions, and it takes into account both the nature of the Agency's discriminatory actions as well as the nature, duration and severity of the harm Complainant experienced as a result of those actions. See Utt v. United States Postal Service, EEOC Appeal No. 0720070001 (March 26, 2009) (Commission's compensatory damages award takes into account the nature of the Agency's discriminatory actions). We further determine that the Commission's award is consistent with amounts awarded in similar cases. See, e.g., Franklin v. United States Postal Service, EEOC Appeal No. 07A00025 (January 19, 2001) ($150,000 in non-pecuniary damages awarded where as a result of the agency's actions, complainant experienced extensive symptoms of emotional distress, resulting in changes in complainant's personality, the ending of his marriage, severe strains in his relationships with those close to him, including his children, and diminished enjoyment of life); Booker v. Department of Defense, EEOC Appeal No. 07A00023 (August 10, 2000) ($150,000 in non-pecuniary damages awarded where as a result of the agency's actions, complainant experienced severe depression, resulting in three suicide attempts). Pecuniary Damages Finally, we turn to the issue of pecuniary damages. Pecuniary losses are out-of-pocket expenses that are incurred as a result of the employer's unlawful action. Typically, these damages include reimbursement for medical expenses, job-hunting expenses, moving expenses, and other quantifiable out-of-pocket expenses. Enforcement Guidance: Compensatory and Punitive Damages Available Under Section 102 of the Civil Rights Act of 1991, EEOC Notice No. 915.002 (July 14, 1992), at 14. Past pecuniary losses are losses incurred prior to the resolution of a complaint through a finding of discrimination, the issuance of a full-relief offer, or a voluntary settlement. Id. at 8-9. Future pecuniary losses are losses that are likely to occur after resolution of a complaint. Id. at 9. For claims seeking pecuniary damages, such objective evidence should include documentation of out-of-pocket expenses for all actual costs and an explanation of the expense, e.g., medical and psychological billings, other costs associated with the injury caused by the agency's actions, and an explanation for the expenditure. Id. at 9. In the present case, Complainant submitted a claim for past pecuniary damages in the amount of $3,668.71 for copies, supplies, meals, hotel expenses, airfare, delivery costs, and depositions taking place in 2003. We find, however, that Complainant does not attach any receipts or other documentary evidence in support of this claim. Accordingly, we find insufficient evidence in support of this claim in the record before us. The record reflects that Complainant liquidated her retirement account in order to pay off her car note after she was terminated by the Agency. Complainant submits documentation establishing the amount she withdrew, as well as the broker's fees, tax penalties, and lost interest. As previously found by the Commission, a complainant is not entitled to reimbursement of expenses that would have been incurred whether they were discriminated against or not. See Lee v. USPS, EEOC Appeal No. 01995204 (July 11, 2001). Complainant is, however, entitled to reimbursement for foregone interest or penalties on the withdrawals, as complainant would not have incurred these "but for" the agency's discrimination. Mature v. USPS, EEOC Appeal No. 07A20065 (March 17, 2003). Here, Complainant has submitted sufficient evidence of foregone interest and penalties incurred as a result of the withdrawal of her TSP account. The evidence reflects that the account value at the time of liquidation was $33,074.65 and that she incurred a brokerage fee of $2,727.00; a penalty of $3,004.00; and a premature tax liability of $5,731.00, for a total of $11,462.00. Complainant also provided sufficient evidence to support her claim that the foregone interest lost as a result of having to liquidate her account totals $27,659.59. Supplemental Investigation, Exhibit F. Accordingly, we find that Complainant is entitled to $39,121.59 in pecuniary damages.Abren Williams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Martin F. Salazar, Complainant, v. Samuel W. Bodman, Secretary, Department of Energy, Agency.Gilbert H. Amis, III, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Charles Zempel, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Roxanne L. Dunn, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Muneerah Sabir, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Raymond Mckinnon, Petitioner, v. 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Gates, Secretary, Department of Defense, (Defense Finance & Accounting Service), Agency.Roy Dunn, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Josephine L. Williams, Complainant, v. R. James Nicholson, Secretary, Department of Veterans Affairs, Agency.Terence K. Mccluney, Petitioner, v. Pete Geren, Secretary, Department of the Army, Agency.Patricia M. Brooks, Complainant, v. Michael W. Wynne, Secretary, Department of the Air Force, Agency.Brenda J. Mason, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southwest Area), Agency.Colette D. Douglas, Complainant, v. Robert M. Gates, Secretary, Department of Defense (Army and Air Force Exchange Service), Agency.Robin Ingamells, Petitioner, v. Stephen L. Johnson, Administrator, Environmental Protection Agency, Agency.Daniel C. Givens, III, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Mary C. Mosier, Complainant, v. Michael W. Wynne, Secretary, Department of the Air Force, Agency.Wilbert D. Sonnier, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Richard M. Caciano, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Joseph A. Soto, Complainant, v. Mary E. Peters, Secretary, Department of Transportation, Agency.Jill Martin, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.Calvin G. Taylor, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.George Ybarra, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Carla R. Folson, Complainant, v. Michael J. Astrue, Commissioner, Social Security Administration, Agency.Sherille S. Harris, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Robert L. Harrison, JR, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Lee D. Spell, Jr., Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Margaret R. Souers, Complainant, v. Pete Geren, Secretary, Department of the Army, Agency.Bevin M. Parkins, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.Jeffrey T. Hunter, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.John D. Wahnee, Complainant, v. Dirk Kempthorne, Secretary, Department of the Interior, Agency.Oliver Blunt, Complainant, v. Dr. Donald C. Winter, Secretary, Department of the Navy, Agency.Randolph S. Koch, Complainant, v. Christopher Cox, Chairman, Securities and Exchange Commission, Agency.Donald Smith, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Ricardo Rubio, Complainant, v. Michael B. Mukasey, Attorney General, Department of Justice, Agency.Arlene Hudson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Lionel Williams, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Jana R. Hankins, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Kendra D. Peacock, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Melanie S. Robinson, Complainant, v. Mary E. Peters, Secretary, Department of Transportation, Agency.Megan L. Burgen, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Elizabeth J. Coleman, Complainant, v. Dr. James B. Peake, Secretary, Department of Veterans Affairs, Agency.Eddie L. Sampson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Nuwanna O. Franklin, Complainant, v. Pete Geren, Secretary, Department of the Army, Agency.Wilma R. Figueroa, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Tom Martin, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Bruce D. Rodewald, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Carol M. Bowles, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Armando Reyes, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Joseph Pastures, Petitioner, v. 1 John E. Potter, Postmaster General, United States Postal Service, Agency.Dennis E. Brooks, Complainant, v. Pete Geren, Secretary, Department of the Army, Agency.Ahmed S. Osman, Complainant, v. Henrietta H. Fore, Acting Administrator, Agency for International Development, Agency.Nestor Domingo, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Xi Dan, Complainant, v. Michael O Leavitt, Secretary, Department of Health and Human Services, Agency.Danny L. Price, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Christopher C. Johnson, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Donald Dennis, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, (Southeast Area) Agency.Mary Robertson, Complainant, v. Pete Geren, Secretary, Department of the Army, Agency.Sylvia L. Feurtado, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Ching S. Shelton, Complainant, v. Michael W. Wynne, Secretary, Department of the Air Force, Agency.Motea L. Howard, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Sandra Cunningham, Complainant, v. John E. Potter, Postmaster General, United States Postal Service, Agency.Francis E. Fagalde, Complainant, v. John E. 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Thompson, Complainant, v. Henrietta H. Fore, Acting Administrator, Agency for International Development, Agency.
