Intentional Infliction of Emotional Distress And Sexual Harassment
Many victims of sexual harassment often suffer other forms of humiliating and demeaning treatment of a non-sexual nature. Sometimes, this results from efforts of the harasser and his/her friends to coerce the victim into submission or as punishment for resisting. In some instances, the victim’s work tools are removed, co-workers stop speaking to the victim, the victim’s work supplies are damaged, their cars vandalized in the parking lot and they may also be threatened with physical harm by the harasser and his/her friends.
In other instances, the victim is assigned to do menial work or work in an isolated, wet or overly cold office. Other harassers may require the victim to lift objects that are heavier than average, move to a smaller office or account for their whereabouts in more detail than is required of other employees.
When such conduct becomes extreme, outrageous and beyond the bounds of decency, the harassment victim may also bring a case of intentional infliction of emotional distress either as part of the sexual harassment case or in a different case. Some states permit a sexual harassment victim to bring a case of intentional infliction of emotional distress claim based on the same allegations as the sexual harassment claims, others do not. It is thus important that an experienced sexual harassment employment attorney be consulted to evaluate this option.
Intentional infliction of emotional distress claims have a different measure of damages from sexual harassment cases. First, the damages allowable are broadened to include recovery for non-sexual conduct of a demeaning nature. Furthermore, the cap on damages in some civil rights statutes do not apply resulting in possible payment of larger damages to the victim. Additionally, some civil rights statutes only permit lawsuits against employers and not individuals. With intentional infliction of emotional distress however, the harasser can be sued individually. Some laws also permit these suits against an employer where the employer condoned, participated in, or encouraged the conduct complained of. Punitive damages are also sometimes allowed in cases of intentional infliction of emotional distress.
In other instances, the victim is assigned to do menial work or work in an isolated, wet or overly cold office. Other harassers may require the victim to lift objects that are heavier than average, move to a smaller office or account for their whereabouts in more detail than is required of other employees.
When such conduct becomes extreme, outrageous and beyond the bounds of decency, the harassment victim may also bring a case of intentional infliction of emotional distress either as part of the sexual harassment case or in a different case. Some states permit a sexual harassment victim to bring a case of intentional infliction of emotional distress claim based on the same allegations as the sexual harassment claims, others do not. It is thus important that an experienced sexual harassment employment attorney be consulted to evaluate this option.
Intentional infliction of emotional distress claims have a different measure of damages from sexual harassment cases. First, the damages allowable are broadened to include recovery for non-sexual conduct of a demeaning nature. Furthermore, the cap on damages in some civil rights statutes do not apply resulting in possible payment of larger damages to the victim. Additionally, some civil rights statutes only permit lawsuits against employers and not individuals. With intentional infliction of emotional distress however, the harasser can be sued individually. Some laws also permit these suits against an employer where the employer condoned, participated in, or encouraged the conduct complained of. Punitive damages are also sometimes allowed in cases of intentional infliction of emotional distress.