An ongoing case in New Jersey involving a judge who accuses state officials of creating a hostile work environment sheds important light on the potential ramifications of seeking emotional distress damages in an employment case. The legal issues at stake in this case arise in many employment discrimination and whistleblower retaliation cases in which the employee claims the employer’s actions caused severe emotional distress. Law360 has also provided coverage of the Gross-Quattrone v. Mizdol, et al. case, which highlights what type of confidential information an employee may have to turn over if they allege significant emotional distress damages.
There are several types of damages that an employee may recover in an employment discrimination or whistleblower retaliation case, such as lost pay damages, attorney’s fees, and compensatory damages. This includes emotional distress damages, which are a specific subset of compensatory damages. These damages are designed to compensate an employee for the emotional toll of an employer’s unlawful discrimination.
Emotional distress damages can be awarded for a variety of harms, including:
Proving emotional distress requires the plaintiff to show “specific evidence of actual harm.” Williams v. Trader Pub. Co., 218 F.3d 481, 486 (5th...
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