CONTRASTS IN CLAIMS: EVALUATING EMOTIONAL DISTRESS—Part II— A “False Claim”
CONTRASTS IN CLAIMS:
EVALUATING EMOTIONAL DISTRESS—Part I—the “Eggshell Plaintiff”
Barbara Long, M.D., Ph.D., A.B.P.N.
Employment law Title VII claims often include allegations of significant emotional distress allegedly caused by reportedly inappropriate remarks, touches, and other behaviors in the workplace. When a supervisor, as opposed to a coworker, has been the alleged instigator of the reportedly offensive behavior, emotional distress claims are frequently enhanced because of the “power differential” between the supervisor and supervisee. Evaluating the validity of such emotional distress claims can be challenging. This paper will describe how expert psychiatric forensic consultation can assist in determining which claims may have merit and which may be false, the ultimate determination to be made by the trier-of-fact. Answer→