against Claywell’s business entity, I believe I must limit my award to actionable sexual
discrimination and sexual harassment that occurred in the workplace during the term of
the complainant’s employment, and the resulting constructive discharge.
That being said, there is enough evidence within this tribunal’s rightful purview of that
which occurred during the complainant’s twenty two day employment ordeal to justify a
substantial award for emotional distress.
In setting my award for emotional distress I use as a reference my decision in DiMicco
v. Neil Roberts, Inc., supra, 2006 WL 4753474 (which itself referenced other recent
commission awards for emotional distress in support of its conclusion) in which six
thousand ($6,000) dollars was awarded for workplace sexual harassment. In DiMicco,
the individual perpetrator, while a supervisor, was essentially more “smitten” than
predatory, pathetic than hostile, and while his advances were clearly unwelcome and
annoying, they were not calculated to frighten, surprise and demean, as were the
commission awards for emotional distress, I herewith award the sum of fifteen thousand
($15,000) dollars for emotional distress.
The complainant’s efforts to mitigate her damages (subsequent to a reasonable and
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