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S. TKB COUHT SHOULD NOT TREBLS OR MULTIPLY AMY DAMXGI8 <br />R.-rher V. Karp 11. 364 F.Supp. 1525 (D.Minn. 1994), sets forth <br />the rule for deterr^ining whether trebling ccrrpensatory damages is <br />appropriate, "The primari/ consideration is whether the damages <br />awarded by the 3ury fully compensate Hyther and restore him to the <br />same position he would have attained had there been no <br />discrimination". <br />Plaintiffs'claims for monetary relief fall into two <br />catgories: claims for lost wages and claims for mental anguish. As <br />to wage claimiS, plaintiffs are not entitled to either bac)c or front <br />pay. The MFRS test did not prevent plaintiffs from earning wages <br />since they would not have been hired even if they had passed the <br />test or no test had been given. Therefore, there are no wage claim <br />damages to multiply. The Court cannot conclude that plaintiffs are <br />not adequately compensated without multiplying such damages because <br />they have not proven entitlement to any compensation. <br />Moreover, the statute does not provide for multiplying any <br />award for m.ental anguish.'* Thus, the authority to award damages <br />for m.ental anguish is in addition to t.he authority to award treble <br />dam.ages for actual damages. The legislature did not intend mental <br />anguish damages to be multiplied. <br />The relevant .art of Minn. Stat. 5 353.071, Subd. 2, provides that the <br />court shall order * . . .corr.pensator'/ damages in an amount up to three tunes the <br />actual damages sustained. I.-, all cases t.he acLministrative law judge may also <br />order the respondent to pay an aggrieved party, who has suffered discrimination, <br />carnages for mental anguish or suffering and reasonable attorney's fees, in <br />ada:tion to punitive damages in an a-mount not mere tnan 33,500". <br />19