Due to an individual’s actions or omissions, a person may suffer physical injuries like a broken bone or financial harm such as a loss of property. These forms of injury are more easily recognizable to juries to obtain compensation for in court. However, the concept of emotional distress is more difficult to quantify. Emotional distress refers to mental suffering, anguish, or humiliation a person experiences due to another person’s intentional actions or negligence. This can result in depression, anxiety, or post-traumatic stress disorder. Claims of this nature can be tricky, since the injury suffered is not often visible, and there is no formula by which such damages can be calculated. However, symptoms may manifest in various forms, such as mood swings, weight loss, chronic fatigue/depression, insomnia, or panic attacks.
In the workplace, individuals may suffer emotional distress due to discrimination, retaliation or a hostile work environment. This could be caused by unfavorable working conditions, a co-worker’s conduct, or the employer’s actions. Work-life can have a major impact on a person’s productivity and mental state. Fortunately, the law provides legal recourse for this type of injury. Many statutory mechanisms like the discrimination, retaliation and harassment claims under the Fair Employment and Housing Act, can provide emotional distress damages to the prevailing party who demonstrates that type of damage was sustained through workplace violations.
There are also, separately, two specific categories of emotional distress claims that can be alleged. Emotional distress caused by negligent actions is referred to as negligent infliction of emotional distress (NIED) while those caused by intentional behavior are classified as intentional infliction of emotional distress (IIED). NIED usually arises when an employer violates laws that define their responsibility to protect an employee, with the result of causing harm to the employee. Usually, to establish NIED, the claimant would need to prove that the defendant, in inflicting mental suffering, was acting negligently or breaching a statutory obligation. They must also prove they suffered severe emotional distress and that such emotional distress was, in fact, due to the defendant’s conduct or inaction.
Intentional infliction of emotional distress, on the other hand, refers to deliberate and extreme actions that cause emotional distress. It is also known as the “tort of outrage,” as the defendant’s action here must be severe and outrageous. It could be in the form of racial discrimination, gender-based harassment, or other forms of discrimination based on ethnicity, age, disability, or religion. IIED claims are usually more difficult to prove. One must establish that the extreme or outrageous act or acts were intentional or reckless and that they caused severe emotional distress.
Where another employee is responsible for acts that cause emotional distress, the employer can, in certain instances, be liable. This is typically where the employer consents to the employee’s conduct or had knowledge of it and took no action (implicit ratification) or the employee is in a supervisor's role. With implicit ratification, the claimant must prove that the employer had knowledge of the act or acts, was aware that the conduct was harmful, and failed to take appropriate steps. Thus, the claimant would have reported the issue to the employer first, before bringing action.
Generally, the process of obtaining legal recourse for emotional distress can be challenging. When a person begins to experience this issue at work, the first step is to start documenting specifics. Keeping a precise record of instances of harassment or discrimination, including the date, time, and circumstances, will help a person prove their case. Documentation from a health care professional like a therapist or counselor is also important. A formal diagnosis of the mental condition can go a long way in proving one's case. Biometric trackers or other tools that show changes in things such as sleep patterns or heart rate can also be persuasive evidence.
It is key to hire a skilled attorney when pursuing such a claim. Either party may approach the other to negotiate a settlement before the determination of the claim, or even before an action is instituted. If the terms are favorable, one may opt for settlement in lieu of proceeding with litigation. A settlement could also be had while during employment - one that could effectively take the employee out of the toxic work environment with a sum of money in their pocket. The damages a claimant is entitled to will depend on the gravity of the conduct and emotional injury.
