Konig v. Fair Employment & Housing Com.

**Employment Discrimination Case Affects Damage Awards** In this California case, Nancy A. Konig challenged the state Fair Employment and Housing Commission after it found her liable for racial discrimination and ordered her to pay penalties and damages totaling $20,000. The court reached a split decision. It upheld the commission's finding that racial discrimination had occurred and allowed the $10,000 civil penalty to stand. However, the court struck down the additional $10,000 award for emotional distress damages, ruling that the housing commission lacked the constitutional authority to order such payments under California law. This ruling matters for workers because it clarifies the types of remedies available when filing discrimination complaints with state agencies. While workers can still seek civil penalties against discriminating employers through the Fair Employment and Housing Commission, they may need to pursue emotional distress damages through separate court proceedings rather than through the administrative process. The case demonstrates that discrimination victims have multiple avenues for seeking justice, but the specific remedies available may depend on which legal path they choose. Workers should understand that administrative agencies and courts have different powers when it comes to ordering compensation for discrimination.