![]() ![]() When an employee asks for significant emotional distress damages in an employment discrimination lawsuit, they are essentially putting their mental health at issue in the case. This means that the employer will likely try to prove that any mental anguish was actually caused, in whole or in part, by factors besides discrimination at work.įor example, an employer may request information regarding past medical/ psychological history, probe painful life events (like divorce, death in the family, etc.), and/or attempt to show that the severity of emotional harm claimed is exaggerated. The Pros And Cons Of Seeking Emotional Distress Damages whether one sought professional treatment for the emotional distress (from a psychiatrist, psychologist, counselor, etc.). ![]() the severity and duration of the emotional harm and.the duration of the discrimination/harassment.the severity of the discrimination/harassment.When trying to calculate if emotional distress damages are warranted and in what amount, a jury will consider: demonstrating that medications were prescribed to deal with the mental anguishĪs the amount of emotional distress damages sought climbs higher so too does the strength of evidence needed to support that award. Thus, in general, enhanced emotional distress damages can be recovered-and kept on appeal-when medical evidence and/or testimony is present, as opposed to having testimony only from the employee and their friends and family.presenting evidence of a diagnosis such as depression or anxiety disorder and.hiring an expert witness to explain how the discrimination harmed one emotionally.having a treating psychologist, psychiatrist, or counselor testify about the emotional distress.Testimony From Medical Professional Testimony Or DocumentsĮmotional distress damages can also be proven by, for example: Through this testimony, the jury can learn about how the employee has changed and been impacted since the employer’s discrimination, harassment, or retaliation occurred.įor this reason, it’s important to keep as much evidence as possible of the emotional distress suffered, whether it is in journals, emails/texts, etc. Instead, the jury can hear how the employee has been emotionally affected through their own testimony, as well as the words of their friends, families, and coworkers. Testimony From The Employee And Their Friends And Familyįor emotional distress damages, it’s not necessary to have a doctor or psychologist testify at trial indeed, an employee does not even have to show that they went to see a doctor, psychologist, or other counselor. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |