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57 FLRA No. 6
U.S. Department of Defense, Camp Lejeune Dependents Schools and Lejeune Education Association (Blackwell, Arbitrator), 0-AR-3343 (Decided March 20, 2001)
The Arbitrator found that the Agency discriminated against the grievant on the basis of race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et. seq. The Authority denied the Agency's exceptions to the award of compensatory damages.
The Authority found that the award was not contrary to law. Specifically, the Authority found that the award was not deficient on the ground that the arbitrator awarded damages for injuries caused by the EEO process. The Authority also rejected the allegation that the award was deficient on the ground that the Arbitrator awarded excessive compensatory damages. The Authority concluded that the Agency had not demonstrated that the Arbitrator failed to base his award of compensatory damages on objective evidence.
Additionally, the Authority rejected the allegation that the arbitrator calculated the amount of compensatory damages to be··___·· awarded in a manner that was not in accordance with law. The Authority noted that the EEOC has stated that a proper award of nonpecuniary compensatory damages must meet two goals: (1) that it not be "+monstrously excessive+" standing alone, and (2) that it be consistent with awards made in similar cases. The Authority concluded that the Agency failed to demonstrate that the Arbitrator's calculation of the amount of compensatory damages was contrary to law.