Virginia Lawyers Weekly VA Lawyers Weekly
Complainant is a 26-year employee of the Defense Logistics Agency in Richmond and is a paraplegic confined to a wheelchair. He was subjected to repeated instances of harassment and discrimination because of his disability. His supervisor made disparaging remarks about his disability over a period of more than a year and unfairly removed him from an assignment.
Complainant sought $100,000 in compensatory damages, as well as lifetime medical expenses, a promotion, restoration of leave and recovery of his attorney’s fees. DLA, through a final agency decision, awarded only $25,000, restoration of leave and reduced attorney’s fees. On appeal of the DLA decision, the EEOC’s Office of Federal Operations awarded complainant $100,000 in compensatory damages, along with his out-of-pocket expenses and five years of future damages in an amount yet to be determined.
The Complainant was also awarded restoration of leave and all of his claimed attorney’s fees along with his attorney’s fees incurred during the appeal.
NOTE: The Complainant is identified by a pseudonym that was randomly assigned by the EEOC Office of Federal Operations.
[17-T-084]Type of action: Employment Discrimination – Disability
Injuries alleged: Emotional distress, marital stress, damage to reputation, anxiety, insomnia
Name of case: Demarcus I.* v. Secretary of Defense
Court: EEOC – Office of Federal Operations
Case no.: 0120150529
Name of mediator: Carlton M. Hadden, Director, Office of Federal Operations
Date resolved: May 4, 2017
Special damages: Past medical expenses and five years of future medical expenses in an amount to be determined, and attorney’s fees
Demand: $100,000 plus medical expenses
Offer: $25,000
Verdict or settlement: Verdict
Amount: $100,000 plus medical expenses
Attorney for plaintiff: Margaret C. Valois, Lynchburg
Attorney for defendant: DLA Counsel, Fort Belvoir
