140 F. Sup. 2d 200 (D. Conn.2000). Medical testimony, however, can strengthen such a
claim. Busche v. Burkee, 649 F. 2d 509 (7th Cir. 1981).
The relevant factors to consider in awarding damages for emotional distress include: 1)
whether the discrimination occurred in front of others, 2) the degree of offensiveness of
the discrimination and, 3) the subjective internal emotional reaction of the complainant.
Commission on Human Rights & Opportunities ex rel. Peoples v. Estate of Eva
Belinsky, 1988 WL 492460 (Conn. Super. November 8, 1988). Most of Claywell’s acts
of discrimination and harassment were not witnessed, although Barbara witnessed and
in fact interrupted the September 8, 2004 incident. The most disturbing characteristic of
Claywell’s workplace actions (fully attributable to the respondent entity) is that they
appear to have been designed to intimidate and humiliate. He would uniformly wait until
the complainant was virtually defenseless before engaging in his groping, fondling and
propositioning. The tactics included (previously recounted in part):
confronting her while she was seated on the floor and confined to a space measuring perhaps no more than eighteen square feet and throwing books at her while so immobilized;
dumping documents in her arms which were already full of documents to be copied and thus defenseless, and
surprising and pinning the complainant in a closet as a prelude to an assault.
Page 10 of 14