Workers in Texas might be able to seek financial damages for the emotional distress they incur if they suffered specific forms of workplace discrimination or harassment. This type of compensatory damages may be pursued in employment discrimination cases that are filed under Title VII of the 1964 Civil Rights Act.
There is a range of conditions and harms covered by emotional distress damages. They may include sleeplessness, damage to one's reputation, a diagnosed psychiatric condition, compromised relations with family members and friends, mental anguish and the loss of the enjoyment of living. In order for workers to obtain emotional distress damages, they are required to prove that the acts of retaliation or discrimination committed by their employer, and not another event that may have occurred in their life, resulted in the emotional damaged they sustained.
There are multiple factors that have to be considered when assessing whether emotional distress damages are justified and how much should be awarded. These factors generally include how long the harassment or discrimination took place, the severity of the discrimination or harassment, whether the worker obtained professional treatment for the emotional distress they experienced and the duration and severity of the emotional harm.
Workers can recover compensatory damages for their emotional distress if their claim has sufficient proof. It may be necessary to submit medical evidence or have a physician testify on their behalf verifying their emotional distress. Workers who are seeking a significant amount of damages are more likely to require the testimony from a medical or mental health professional to back to the substantial award.
An attorney who practices employment law may litigate to protect the rights of clients who have suffered workplace discrimination or harassment. The attorney may file a lawsuit against an employer for workplace retaliation and creating a hostile work environment.