Being the target of discrimination in the workplace is harmful. You may experience numerous damages when an employer discriminates against you. Emotional distress can change your life. Recovering damages for emotional distress in a discrimination case in California may be possible.
What Do Emotional Distress Damages Compensate For?
Three types of compensation are generally available in a California workplace discrimination case. Emotional distress is a non-economic damage with no specific monetary value.
The San Francisco employment discrimination attorney representing your case will provide a valuation to determine its impact on you and assign a monetary value to the emotional distress you experience. Harms that may result from emotional distress include:
- Reputational damage
- Depression
- Anxiety disorder
- Lost enjoyment of life
- Compromised personal relationships due to emotional strain
To recover damages, it is necessary to prove that an employer’s actions, instead of another incident, caused the harm you suffer from.
How Do I Prove Emotional Distress in a California Discrimination Case?
Friends and family may notice the signs of emotional distress after you experience discrimination at work. Their testimonies can demonstrate to a jury the behavioral and personality changes they observe. Their statements provide an understanding of the extent of the damage. Personal journals, texts, and emails can document your emotional distress through writing and correspondence.
A doctor or therapist’s medical documentation can attest to the damages of emotional distress on your life. You may require medication, counseling, and receive a diagnosis as a result of discrimination. Medical records can play a vital role in supporting the damages you seek. Expert witnesses are also instrumental in explaining the impact of emotional distress, helping a jury grasp its effect on you.
Co-worker testimony can also describe incidents of discrimination to the court. Someone you work with may hear comments, see discriminatory behaviors, or have experienced discrimination from an employer themselves, demonstrating a pattern of unlawful behavior.
Can I Seek Compensation for Emotional Distress Without Hiring an Employment Law Attorney in California?
Economic damages, like medical bills and other out-of-pocket expenses, are more challenging for an insurance company to deny. Downplaying the effects of emotional distress is a tactic insurance companies can use to minimize your damages and the compensation you receive. Negotiation and litigation skills are necessary to maximize compensation and increase a settlement offer or judgment in a discrimination case.
What Laws Offer Remedies in a Discrimination Case Causing Emotional Distress?
The laws that protect against discrimination depend on the type of discriminatory actions against you. State and federal laws may allow you to recover emotional distress damages resulting from discrimination in the workplace. California laws addressing discrimination are stringent and prohibit employer discrimination based on a protected characteristic.
Federal laws enforced by the U.S. Equal Employment Opportunity Commission (EEOC) also protect against discrimination. Emotional distress is a damage that both branches of government recognize, allowing you to seek compensation for its harm.
Determining which governmental agency to file a lawsuit for discrimination with is necessary. You will also need to file a complaint and take legal action within each agency’s specified time limits. Failing to act within a statute of limitations will bar you from recovering damages for emotional distress in a discrimination case. Securing damages supports your recovery, helping you address emotional distress.