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08-Feb-2021 15:25

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.The Commission found that an award of ,000 was consistent with awards made in similar cases. The Commission noted that Complainant's petition for damages was not in the record or submitted on appeal.Nevertheless, the Commission found that the record contained relevant evidence in the form of Complainant's affidavit that was sufficient to support an award for emotional harm.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.The Commission concluded, however, that the Agency did not make a good faith effort to accommodate Complainant with regard to the remaining four meetings.

The Commission found that the Agency made a good faith effort with regard to two of the meetings.

With regard to the amount of fees, the Commission found that, in connection with the first appeal, Complainant was not entitled to fees for work related to a request for reconsideration which dealt with her age discrimination claim.