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Emotional Distress
One who intentionally or recklessly causes severe emotional distress to another, and who does so by
extreme and outrageous conduct, may be liable for the emotional damages that result. A recent case has
defined "extreme and outrageous conduct" to be conduct "beyond all possible bounds of decency, and to
be regarded as atrocious, and utterly intolerable in a civilized community."
This is a high standard, and the normal frictions that occur in the workplace usually do not qualify.
Insulting, demeaning, vindictive supervisors and co-workers, unreasonable workloads, browbeating,
social exclusion, rudeness, staring, and other distasteful and impolite conduct are reprehensible but are
usually not to a level that the courts will intervene to correct. In most cases where outrageous conduct
has been found, there is usually a racial, sexual or other illegal overtone involved, or a violation of the
penal code. And normal workplace procedures, such as termination, demotions, reassignments,
criticisms, however crudely done or however unfair, are considered a normal part of the employment
relationship and therefor not "outrageous."
Recovery for emotional distress damages in the workplace is often foreclosed because Workers'
Compensation is the exclusive remedy for workplace injuries, including emotional injuries such as
stress, depression and nervousness. But again, recovery under this theory has been allowed in cases of
racial or sexual discrimination or harassment.
Compensatory damages for emotional distress are available under common law tort claims such as
public policy violations and are specifically provided for in statutory discrimination claims. Under
federal law emotional distress damages are capped at $300,000 for discrimination claims under Title VII
and the Americans with Disabilities Act, but under California law there is no such cap.
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