Janice Bohac v.

Department of Agriculture (2001)

FACTS
- The plaintiff successfully appealed her removal as a research geneticist for
the department of agriculture b/c her removal violated the Whistleblower
Protection Act.
- She requested $14, 021.32 for pecuniary losses and $150,000 for nonpecuniary damages.
- Non-pecunary damages include: physical/emotional suffering, damages
to her personal & professional reputation, and damages for family life.
- An administrative judge for the board awarded only the pecuniary
damages
o B.c he said non-pecunairy damages do not constitute
consequential damages
PROCEDURAL POSTURE
ISSUE
Whether the plaintiff is entitled to recover non-pecuniary damages (here
recovery for alleged pain and suffering, injury to reputation, and injury to
family life)?
RULE STATEMENT
COURT REASONING
- statutory interpretation of the Whistleblower Protection Act
- to protect government employees from being punished for disclosing
potentially embarrassing information about the government
- under the Whistleblower Protection Act- in addition to corrective action
an employee could recover only reasonable attorney fees and
reasonable costs
o corrective action includes: a position the individual would have
been in and back pay, benefits, medical costs, travel expenses,
and any other reasonable and foreseeable cosequential
changes
- the meaning of consequential damages
o Plaintiff says consequential damages means foreseeable
damages and non-pecuniary damages fall under that
o Government says consequential damages means pecuniary
damages which is reimbursement for out-of pocket costs
CONCLUDE GOVERNMENT IS CORRECT- consequential
damages is limited to pecuniary damages
B/C

o The term consequential damages does not

have a common law meaning that includes
non-pecuniary damages
o Plaintiff wrong b.c consequential damages
relates to foreseeability at the time the
contract was executed in contract law, not as
the plaintiff says foreseeability at the
time of the breach
- this case does not fit any category (such as innkeeper) where awards
of mental suffering are awarded for breach of contract at common law
- if congress intended to allow broad recovery it would have used the
term compensatory damages
HOLDING
Non-pecuniary damages are not recoverable & that the government has not
waived its sovereign immunity with respect to such claims.
AFFIRM decision of Merit Systems Protection Board
CONSEQUENTIAL DAMAGES DOES NOT INCLUDE NON-PECUNIARY DAMAGES
NOTES
Compensatory damages damages awarded to a person as compensation,
indemnity, or restitution for harm sustained by him.
Compensatory damages are divided into 2 categories: pecuniary &
non-pecuniary
Non-pecuniary compensatory damages include compensation
for bodily harm and emotional distress, and are awarded without proof of
pecuniary loss. (non-pecuniary ex. is pain and suffering.
-

court concluded that emotional distress damages were not available

for breach of an employment contract b/c in the nature of such a
contract the party did not agree to protect those losses
EMOTIONAL DISTURBANCE RESULTS FROM BREACH OF CONTRACT