AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Emotional Distress
An employee of the California Department of Parks and Recreation (DPR) sued her employer for sexual orientation discrimination, sex discrimination, sexual harassment, retaliation, and failure to prevent discrimination, harassment, and retaliation, all in violation of the state Fair Employment and Housing Act (FEHA), and a cause of action for violation of the Information Practices Act (IPA), as well as causes of action against her supervisor only for intentional infliction of emotional distress (IIED) and negligent infliction of emotional distress (NIED). The supervisor allegedly discussed confidential information from the plaintiff’s personnel file with others, violating her right to privacy and causing emotional distress. Following a trial, the jury returned verdicts in favor of the defendants on the FEHA causes of action, against the defendants on the IPA cause of action, and against the supervisor on the IIED and NIED causes of action. The jury awarded the plaintiff $19,200 for past economic losses and $19,200 for past noneconomic losses against both defendants, and $28,800 in punitive damages against the supervisor only. An intermediate California appeals court upheld the judgment, except for the award of economic damages against the employer. Hurley v. Calif. Dept. of Parks and Recreation, #D070098, 20 Cal. App. 5th 634, 2018 Cal. App. Lexis 134.
Seventh
Circuit reduces a jury verdict of $500,000 to $250,000, awarded to a black
paramedic. The plaintiff was placed on probation with no change to his
compensation and the nature of his emotional distress did not warrant a
half-million dollar award. Thompson v. Mem'l Hosp. of Carbondale, #07-2249,
2010 U.S. App. Lexis 22909 (7th Cir.).
A public employee sued his superiors after an
advertisement was published in the local newspaper that appeared to solicit
applicants for his job. He was embarrassed and stressed by the newspaper ad and
questions about it from people in town. In rejecting his claims, the Montana
Supreme Court noted that his employment was not terminated, no one was hired to
replace him, and he suffered no loss of wages. Jensen v. Absarokee W&S
Dist., #DA 10-0039, 2010 MT 189N, 2010 Mont. Lexis 291 (Unpub.).
California appellate court rejects a damages claim for
emotional distress arising from allegedly retaliatory treatment of the
plaintiff, a county firefighter. In California, injuries sustained and arising
out of the course of employment are generally subject to workers’ compensation
procedures, an exclusive remedy. “The exclusive remedy applies even when the
damages result from intentional conduct by the employer that is a normal part
of employment relationships, and even though such conduct may be described as
egregious, harassment, manifestly unfair, or intended to cause emotional
distress.” Mueller v. County of L.A., #B201171, 2009 Cal. App. Lexis 1335
(2d Dist.), relying on Shoemaker v. Myers, 52 Cal.3d (1990) and Cole v. Fair
Oaks Fire Prot. Dist., 43 Cal.3d 148 (1987).
In a gender bias appeal by the employer, the jury
was properly instructed that "a combination of seemingly minor incidents,
once they reach a certain critical mass, may form the basis for a violation,
even though each minor act, considered in isolation, would not otherwise rise
to the level of an adverse employment action." Three women were awarded
$500,000, $400,000 and $100,000 in compensatory damages for emotional distress.
Olsen v. County of Nassau, #CV 05-3623, 2009 U.S. Dist. Lexis 38938 (E.D.N.Y.).
For procedural reasons,
the Sixth Circuit dismisses an appeal brought by a Michigan city. Seven women
state employees had been forced to disrobe and get hosed down by male city
firefighters, because it was erroneously believed they had been exposed to
anthrax powder. The jury awarded them $480,000, and the court awarded $53,000
in legal fees and costs. Allison v. City of East Lansing #5:03-CV-156, 2005
U.S. Dist. Lexis 38443 (W.D. Mich.); appeal dismissed, #06-1173, 2007 U.S. App.
Lexis 9568, 2007 Fed App. 0148P (6th Cir.).
A Virginia public employee's migraine headaches,
acid reflux pain, stomach cramps, diarrhea, skin rash and insomnia were a
result of job stress, and not a physical injury. She could not sue for the
negligent infliction of emotional distress without evidence of other physical
injury caused by the alleged coworker harassment. King v. City of Chesapeake,
#2:05cv617, 2007 U.S. Dist. Lexis 21709 (E.D. Va.).
A sheriff's failure to re-employ an officer after
criminal charges against her were withdrawn is not so outrageous in character,
or so extreme in degree as would support a claim for intentional infliction of
emotional distress. Benard v. Washington Co., #06-527, 2006 U.S. Dist. Lexis
80188 (W.D. Pa.). {N/R}
In a FELA action, a federal appeals court holds
that although an employee may recover damages for emotional injury that results
from a fear of physical injury to himself, he cannot recover for emotional
distress that results from seeing another person's violent death. Lukowski v.
CSX Transp., #04-4141, 416 F.3d 478, 2005 U.S. App. Lexis 14520 (6th Cir.
2005). {N/R}
Woman ex-firefighter loses a sexual harassment
appeal against the city and a superior, but her claim for the intentional
infliction of emotional distress survives. Coworker displayed a photo of a
naked woman who resembled the plaintiff to 15 others, which caused her to
suffer clinical depression. Hale v. City of Dayton, #18800, 2002 Ohio App.
Lexis 474 (Ohio App. 2d Dist. 2002). [2002 FP Jun]
Federal court refuses to dismiss a suit filed by
jailers against the sheriff and others for, without warning, creating a
realistic hostage-taking scenario. Humes v. Gilless, #01-2028, 154 F.Supp.2d
1353, 2001 U.S. Dist. Lexis 11233 (W.D. Tenn.). [2001 FP 166-8]
Ohio appeals court rules that emotional injuries
are part of other injuries, and arise out of the same claim. Harrison v.
Franklin Co. Sheriff's Dep't, #00AP-240, 2000 Ohio App. Lexis 5754 (Unpub.).
{N/R}
Factual question existed as to whether a
firefighter has a valid claim against the chief for the intentional infliction
of emotional distress. Garrison v. Bobbitt, #17571, 134 Ohio App.3d 373, 731
N.E.2d 216, 1999 Ohio App. Lexis 3083, 17 IER Cases (BNA) 629. {N/R}
Federal appeals court upholds a damage claim for
mental injury arising from the harsh treatment of a public employee at the time
he was dismissed. He was forced to clean out his office, under a monitor's
supervision, while his subordinates watched the event. Alston v. King,
#99-3224, 231 F.3d 383, 2000 U.S. App. Lexis 27428 (7th Cir. 2000). [2001 FP
37-8]
Appeals court affirms award for black officer who
suffered emotional distress when Rodney King's lawyer said he was a "House
Negro." Love v. Grimes, #B122863 (Unpub., Cal.App.2d Dist. 4/11/2000).
[2000 FP 88]
Eighth Circuit holds that a public employer had
the right to require an employee, who was claiming emotional distress, to
provide the employer with medical records releases. Schoffstall v. Henderson,
#99-4192, 223 F.3d 818, 2000 U.S. App. Lexis 20936 (8th Cir. 2000). {N/R}
Employers do not owe employees duty to use
reasonable care to avoid inadvertent infliction of emotional distress when
responding to workplace disputes, and employee has no claim based on her
supervisor's rude and threatening behavior. Snyder v. Med. Service Corp., 98 Wn.App.
315, 988 P.2d 1023, 1999 Wash. App. Lexis 2032, 16 IER Cases (BNA) 1337
(Wash.App. 2000); appeal sought, 2000 Wash. Lexis 372.{N/R}
Secretary could recover damages from her superior
for mental anguish after he required her to fake a document. Worker's Comp.
laws prevent a recovery against her employer, however. Brown v. Nutter, 45
Mass.App. 212, 1998 Mass. App. Lexis 517, 696 N.E.2d 953. [1998 FP 151-2]
Executive-level official, who induced management
to terminate a corrections employee did not give rise to a suit for emotional
distress, because the action was not atrocious, indecent or despicable.
Cavanough v. Doherty, 243 A.D.2d 92, 675 N.Y.S.2d 143 (1998). {N/R}
A single slur uttered by the sheriff to a
subordinate did not give rise to a suit for emotional distress; he had called a
black officer a "jungle bunny," causing her to suffer severe stress.
Taylor v. Metzger, 706 A.2d 685, 1998 N.J. Lexis 92, 76 FEP Cases (BNA) 58.
[1998 FP 76-7]
Federal court dismisses damage action against a
town and a police lieutenant. Suit was brought by a WF officer who married a
BM. The allegedly derogatory comments did not rise to the "extreme and
outrageous" level necessary to assert a claim of intentional infliction of
emotional distress. Williams v. Perry, 960 F.Supp. 534 (D.Conn. 1996). {N/R}
Federal court refuses to dismiss a damage suit
brought by a high strung worker who suffered depression when her supervisor
accused her of taking long lunch breaks, initiated arguments with her, and asked
coworkers to watch her behavior. Green v. John Chatillon, 1997 U.S.Dist. Lexis
6211 (M.D.N.C.). [1997 FP 100-1]
Sergeant sued union for conspiracy to violate his
rights; appellate court affirms $195,000 for emotional injury and $350,000 in
punitive damages. Hughes v. Patrolmen's Benev. Assn. of City of N.Y., 850 F.2d
876 (2nd Cir. 1988).
Also see: Civil Liability,
Defamation, Psychological
Exams and Workmens’ Compensation, Wrongful Discharge.