- 19-Apr-2025
- Healthcare and Medical Malpractice
Yes, it is possible to sue for emotional distress caused by workplace discrimination, but the path to success depends on various factors, including the nature of the discrimination, the severity of the emotional distress, and the legal grounds on which the lawsuit is based. Employees who suffer emotional distress due to workplace discrimination may be entitled to compensation, but they must prove that the discrimination was both harmful and actionable under employment law.
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, and national origin. Employees who suffer from discriminatory practices in the workplace, such as harassment or wrongful termination, may claim that they suffered emotional distress as a result of the illegal treatment.
If you are experiencing mental anguish due to harassment or discrimination in violation of Title VII, you can pursue a claim for both compensatory damages (which may include emotional distress) and punitive damages if the discrimination was particularly egregious.
Intentional Infliction of Emotional Distress (IIED) is a common legal theory used in discrimination cases where an employer’s behavior is so outrageous, intolerable, or extreme that it causes emotional harm. If an employer or coworker’s conduct crosses the line into extreme or outrageous behavior, you can file a claim for IIED.
To prove IIED, you must show that:
If you experience harassment (e.g., sexual harassment, racial harassment, etc.) that creates a hostile work environment, you may be entitled to sue for emotional distress. Harassment that is sufficiently severe or pervasive to interfere with your ability to perform your job can lead to emotional harm.
In these cases, emotional distress claims can be included as part of a larger discrimination lawsuit. If successful, this could result in financial compensation for mental anguish, in addition to other damages like lost wages or punitive damages.
If you are wrongfully terminated or face retaliation for filing a discrimination claim, and this leads to emotional distress, you may be able to sue. Retaliation is prohibited under Title VII, and if an employer takes adverse action against you for asserting your rights, you may have a valid emotional distress claim, especially if the employer’s actions are discriminatory.
One of the most challenging aspects of suing for emotional distress is proving the severity of the harm. Emotional distress is subjective, and unlike physical injuries, it is not always visible or easy to measure. Plaintiffs typically need to provide:
Before filing a lawsuit, employees must typically file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or a state agency. The agency will investigate the claim, and if they find evidence of discrimination, they may issue a Right to Sue letter, allowing the employee to file a lawsuit.
Time limits also apply to discrimination claims. In most cases, you must file your charge of discrimination within 180 days (or 300 days in some states) of the alleged discriminatory act, so timely action is critical.
There are limits to how much compensatory and punitive damages you can receive in a discrimination lawsuit, which are based on the size of the employer. For example:
While emotional distress is included in compensatory damages, proving the extent of distress is key to receiving substantial compensation.
An African American employee experiences racial slurs and offensive jokes from a coworker and supervisor. Despite complaints to HR, no action is taken to stop the harassment. The employee suffers anxiety and depression as a result. The employee sues for emotional distress and harassment under Title VII and also files a claim for intentional infliction of emotional distress due to the extreme and repeated racial harassment. The court finds in the employee’s favor and awards compensatory damages for emotional distress, as well as punitive damages due to the egregious nature of the harassment.
A female employee is subjected to unwanted sexual advances and inappropriate comments from her supervisor. She reports the behavior, but her employer fails to take corrective action. The employee suffers severe emotional distress, including anxiety, sleep disturbances, and decreased job performance. She files a lawsuit for sexual harassment and emotional distress. The court awards damages for both the emotional distress caused by the harassment and the employer’s failure to address it appropriately.
After filing a discrimination complaint, an employee is subjected to retaliation, including demotion and increased job scrutiny. The employee experiences significant mental anguish and is forced to take medical leave due to the stress. The employee sues for retaliation under Title VII, including emotional distress as part of the damages. The court rules in favor of the employee, awarding both emotional distress compensation and punitive damages due to the unlawful retaliation.
Yes, it is possible to sue for emotional distress caused by workplace discrimination, but it requires proving that the discrimination was severe, that it caused significant emotional harm, and that it violated applicable laws such as Title VII. Emotional distress claims can be included in larger discrimination lawsuits, but the success of the claim depends on the strength of the evidence, the severity of the emotional distress, and the employer’s actions.
If you're considering pursuing such a claim, consulting with an employment law attorney who specializes in discrimination cases can help guide you through the process and assess the strength of your case.
Answer By Law4u Team
Discover clear and detailed answers to common questions about Civil Rights. Learn about procedures and more in straightforward language.
