Sexual harassment is not just a violation of workplace rights—it can cause deep emotional harm that affects every aspect of a person’s life. Under New York law, harassment victims may be entitled to compensation for emotional distress damages. These damages are designed to address the mental, emotional, and sometimes professional toll of harassment, and they can play a significant role in the outcome of a case.
Below, Phillips & Associates, PLLC explains how emotional distress damages are evaluated, what’s considered in the calculation, and why documentation is critical.
What Are Emotional Distress Damages?
Emotional distress damages are monetary damages awarded to victims who have suffered psychological or emotional injury through unlawful workplace conduct. In sexual harassment cases, this harm can surface in many forms, including:
- Anxiety and depression
- Loss of self-esteem
- Sleep problems or nocturnal disturbances
- Fear of going back to work
- Marginalization in social events
- Physical symptoms caused by stress
The goal is to place a monetary value on the emotional suffering the harassment has caused, though no amount of money can truly erase the impact.
Factors That Influence the Amount Awarded
Judges and juries look at a variety of factors to determine emotional distress damages in sexual harassment cases.
Some of the more pertinent factors considered include:
- Severity and Duration - Was this a one-time incident, or was it part of a larger series of sexual harassment acts?
- Impact on Daily Life - How much did the harassment disrupt the claimant's personal and professional life?
- Long-term impact - Is the emotional harm likely to be permanent or will it require ongoing treatment?
- Physical effects - Did the stress cause physical manifestations such as headaches, high blood pressure, gastrointestinal distress?
The Role of Expert Documentation
Expert testimony and documentation are among the strongest ways to substantiate a claim for emotional distress damages. Mental health professionals, such as psychologists or psychiatrists, can:
- Provide an official diagnosis.
- Describe the connection between the harassment and the emotional harm.
- Outline necessary treatments and their costs.
- Offer an opinion on the long-term impact.
In some cases, medical records, therapy notes, and even testimony from family, friends, or coworkers can help paint a fuller picture of the distress caused.
Career Harm and Future Impact
Emotional distress from harassment often has ripple effects on a person’s career. Victims may feel forced to resign, pass up promotions, or change industries entirely to avoid ongoing harm. This loss of professional opportunity can compound the emotional damage and can be considered when calculating damages.
Taking Action
Demonstrating emotional distress damages requires both an exhaustive legal strategy and adequate evidence. If you have faced sexual harassment in a workplace, you should consider contacting a lawyer as soon as possible. The attorneys at Phillips & Associates, PLLC are professionals who have extensive experience in pursuing complete and fair compensation for the victims of sexual harassment with emotional distress damages, as well. Contact Phillips & Associates, PLLC online today to carefully discuss your circumstances through complete confidentiality. Then see how we can help you seek justice.