Compensation for pain, suffering, and other psychological injuries: The ofDauberton employment discrimination claims

Abstract

The Daubert standard for admitting expert testimony places increased emphasis on the scientific basis for professional opinions. This article identifies factors mental health professionals should consider to meet that standard and Federal Rule of Evidence 702 when evaluating claims of psychological injuries as authorized by the Civil Rights Act of 1991, in cases of sexual harassment, retaliation, and other forms of employment discrimination. First, the contribution experts can make by presenting a framework to assess and understand the nature, duration, intensity and severity of emotional injuries is outlined. Specialized knowledge helpful in assessing these claims is reviewed in light of the scientific literature on stressors, anxiety disorders, somatoform disorders, depression, posttraumatic stress disorder, and ways in which related symptoms manifest regarding events in the workplace or following loss of employment. Second, the role of qualified experts to facilitate determinations of causation is discussed, highlighting factors that bear on preexisting harm, intervening injurious events, the exclusion of alternate sources of mental distress, emotional harm and humiliation, and mitigation of damages.

The effects of harassment severity and organizational behavior on damage awards in a hostile work environment sexual harassment case

“…Between 21 and 82% of sexually harassed women report decreased physical and emotional health (Koss, 1990). The most commonly reported symptoms include anxiety, insomnia, stress, depression, lower self-esteem, nervous breakdowns, excessive fatigue (Crull, 1982;Goodman-Delahunty & Foote, 1995;Gutek, 1985;Koss, 1990;Webb, 1994), loss of appetite, binge eating, extreme weight loss, prolonged nausea, headaches, frequent bouts of crying without provocation (Crull, 1982;Gutek, 1985;Koss, 1990;Webb, 1994), marital strain, and humiliation (Goodman-Delahunty & Foote, 1995). These symptoms are consistent with clinicians' perceptions of the harm done to sexual harassment targets (Goodman-Delahunty & Foote, 1995).…”

Introduction to the Special Issue on Emotion in Legal Judgment and Decision Making.

“…As the reviews by Maroney, Feigenson, and Park, and Wiener et al make all too clear, this Special Issue represents only a small fraction of the research possibilities at the intersection of law and emotion. For example, emotion is of paramount importance in addressing issues such as the effects of stress on eyewitness memory (Deffenbacher, Bornstein, Penrod, & McGorty, 2004), the causes and consequences of hate crimes (Boeckmann & Turpin-Petrosino, 2002), a number of clinical-forensic issues, such as emotional disorders in criminal populations (e.g., psychopathy; see Hare, 1996), and the assessment.of emotional injuries in civil litigation (Goodman-Delahunty & Foote, 1995). And this is by no means an exhaustive list.…”

The effects of sexual harassment severity and organizational policy and response on juror damage awards

“…The most commonly reported symptoms include anxiety, insomnia, stress, depression, lower self-esteem, nervous breakdowns, excessive fatigue (Crull, 1982;GoodmanDelahunty & Foote, 1995;Gutek, 1985;Koss, 1990;Webb, 1994), loss of appetite, binge eating, extreme weight loss, prolonged nausea, headaches, frequent bouts of crying without provocation (Crull, 1982;Gutek, 1985;Koss, 1990;Webb, 1994), marital strain, and humiliation (Goodman-Delahunty & Foote, 1995). Victims of sexual harassment are frequently diagnosed with and treated for acute anxiety disorder, disorder of extreme stress not otherwise specified, generalized anxiety disorder, panic disorders (possibly with agoraphobia), somatoform disorders, depression, and/or post-traumatic stress disorder (Goodman-Delahunty & Foote, 1995).…”

“…Victims of sexual harassment are frequently diagnosed with and treated for acute anxiety disorder, disorder of extreme stress not otherwise specified, generalized anxiety disorder, panic disorders (possibly with agoraphobia), somatoform disorders, depression, and/or post-traumatic stress disorder (Goodman-Delahunty & Foote, 1995). (Hastie, et al, 1999).…”

“…back pay or lost promotions, Andrew & Andrew, 1997). Plaintiffs had to file tort cases to recover damages for emotional pain and suffering (Goodman-Delahunty & Foote, 1995).…”