X hits on this document

28 views

0 shares

0 downloads

0 comments

12 / 14

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

predatory

advances

of

Claywell.

Upon

careful

review

of

the

evidence

and

recent

commission awards for emotional distress, I herewith award the sum of fifteen thousand

($15,000) dollars for emotional distress.

B.

Lost Wages

The complainant’s efforts to mitigate her damages (subsequent to a reasonable and

well

earned

period

needed

to

decompress

and

recharge)

were

not

compelling.

As

Page 12 of 14

Document info
Document views28
Page views28
Page last viewedFri Oct 28 16:41:16 UTC 2016
Pages14
Paragraphs401
Words3256

Comments