Section 4-211. EMBARRASSMENT, HUMILIATION, AND INDIGNITY  


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    211.1The natural and unavoidable consequences of any unlawful discriminatory act or practice are personal embarrassment, humiliation, and indignity, and the prevailing complainant shall be entitled to such damages as are proved by competent evidence as defined in § 213.

     

    211.2In awarding damages for embarrassment, humiliation, or indignity, the Commission shall consider whether the unlawful discriminatory acts or practices were accompanied by aggravating factors including but not limited to any of the following:

     

    (a)Untrue derogatory statements by the respondent regarding the complainant;

     

    (b)Demotion or termination of the complainant;

     

    (c)Racial, ethnic, religious, sexual, or other epithets regarding the complainant;

     

    (d)Occurrence of the unlawful discriminatory acts or practices of the respondent publicly, or within the knowledge of the awardee’s family, friends, peers, or acquaintances; and

     

    (e)Willfulness, recklessness, or repetition of the unlawful discriminatory acts or practices of the respondent to the extent that they constituted harassment or caused unusual inconvenience.

     

source

Final Rulemaking published at 31 DCR 6259, 6264 (December 14, 1984); as amended by Final Rulemaking published at 46 DCR 2804, 2809-10 (March 19, 1999).