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  4.  | Emotional distress damages a factor in a discrimination lawsuit

Emotional distress damages a factor in a discrimination lawsuit

| Aug 4, 2020 | Workplace Discrimination

While discrimination in the workplace shouldn’t happen, it does occur. Managers who shouldn’t tolerate discrimination may be guilty of discriminating. Such actions open doors for civil lawsuits, and seeking compensation for lost wages isn’t the only approach a litigant may take. Courts in Indiana may see litigants seek damages for emotional distress.

Few people should feel surprised that plaintiffs seek financial compensation for emotional distress. After being fired or demeaned due to discriminatory practices, an employee may suffer psychologically. Anxiety and depression could become severe enough that life activities end up impeded. Employment pursuits might experience troubles.

Emotional distress often takes many forms. Sleep disorders, psychological anguished and troubled relationships with family and friends represent three examples that distress may take.

This kind of emotional distress could lead someone to seek counseling. Therapy comes with costs, and an ex-employee might find themselves forced to pay out of pocket. Filing a lawsuit may make it possible for such a person to receive needed counseling.

Employees do need to keep some things in mind. There would need to be some proof that the discrimination caused emotional distress. Accessing expert testimony from a mental health professional may help in this regard. With that said, testimony from a medical professional might not be necessary for all situations. The plaintiff’s testimony and testimony from witnesses may be compelling enough. Even testimony from friends and relatives might help.

Copies of emails, texts, voicemails and other items capable of documenting emotional distress could also be entered into evidence. A collective of evidence might sway a trial jury’s opinion.

An attorney who represents clients in discrimination cases might explain how employment law statutes address emotional distress damages. The attorney may also advise on the evidence necessary to prove a case. Former employers may wish to settle the case, so an attorney may handle settlement negotiations on behalf of the client. The attorney may present any settlement offers to a client and offer an opinion.