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Home / Verdicts & Settlements / Paraplegic man prevails on appeal of disability bias claim – $100,000 plus medicals and attorney’s fees

Paraplegic man prevails on appeal of disability bias claim – $100,000 plus medicals and attorney’s fees

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.


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