Image of How does the EEOC measure emotional distress damages?

How does the EEOC measure emotional distress damages?



There is no precise way to measure emotional distress damages but there are several factors that the EEOC and the courts will take into account when deciding how much in compensatory damages to award. For example, they’re going to want to know did you visit a counselor, or a psychologist, or a psychiatrist as a result of the discrimination or harassment you suffered at work? If so, was there a medical diagnosis that they gave to you? Did you have to start taking some sort of prescription medication?

Or, on the other hand, is most of your evidence going to be your own testimony, or maybe your friends and family who come into court and explain how the harassment affected your everyday life? Generally, you’re going to find that if there is a counselor, or psychologist that’s been consulted as a result of this harm that you suffered, the damages are going to be higher than if you are proving your emotional distress damages through testimony alone.

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Eric Bachman litigates employment discrimination and whistleblower retaliation cases. He can be reached at (202) 769-1681 and [email protected] Bachman is Chair of the discrimination and retaliation Practices at Zuckerman Law. Previously, Bachman served as Special Litigation Counsel with the U.S. Department of Justice’s Civil Rights Division, and a Deputy Special Counsel with the U.S. Office of Special Counsel.