A complainant claiming age discrimination and retaliation may not be entitled to compensatory damages. The complainant worked as a registered nurse at a VA facility.
Complainant filed an EEO complaint alleging that the agency had discriminated against her. She based her claims of age discrimination and and and in retaliation (prior EEO activity) on the Age Discrimination in Employment Act of 1967. An EEOC administrative judge (AJ) found in her favor. The AJ awarded back pay and compensatory damages.
On appeal, the VA contended that compensatory damages were not an appropriate remedy because compensatory damages are not available for an age-based claim. The Commission (EEOC) agreed with the agency. It found in favor of the agency on appeal and determined complainant was not entitled to compensatory damages. Lesson to be learned: a good federal employee attorney will know what damages to claim.
Lois G. v. Dep’t of Veterans Affairs https://www.eeoc.gov/sites/default/files/migrated_files/decisions/0720170034.txt
Kirk J. Angel represents federal employees including employees of the Veterans Administration (VA employees). Mr. Angel did not represent this complainant. Even so, it is important to retain an attorney who is experienced in representing federal employees. This is especially true for certain VA employees as some are not allowed to appeal to the MSPB. Instead, they must participate in an internal VA hearing conducted by a hearings examiner. https://theangellawfirm.com/kirk-angel-employment-lawyer