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- Title
Compensation for Pain, Suffering, and Other Psychological Injuries: The Impact of Daubert on Employment Discrimination Claims.
- Authors
Goodman-Delahunty, Jane; Foote, William E.
- Abstract
The Daubert standard for admitting expert testimony places increased emphasis on the scientific basis for professional opinions. This article identifies factors mental health professionals should consider to meet that standard and Federal Rule of Evidence 702 when evaluating claims of psychological injuries as authorized by the Civil Rights Act of 1991, in cases of sexual harassment, retaliation, and other forms of employment discrimination. First, the contribution experts can make by presenting a framework to assess and understand the nature, duration, intensity and severity of emotional injuries is outlined, Specialized knowledge helpful in assessing these claims is reviewed in light of the scientific literature on stressors, anxiety disorders, somatoform disorders, depression, posttraumatic stress disorder, and ways in which t elated symptoms manifest regarding events in the workplace or following loss of employment. Second, the role of qualified experts to facilitate determinations of causation is discussed, highlighting factors that hear on preexisting harm, intervening injurious events, the exclusion of alternate sources of mental distress, emotional harm and humiliation, and mitigation of damages.
- Subjects
UNITED States; DAUBERT v. Merrell Dow Pharmaceuticals Inc.; EMPLOYMENT discrimination; WORKERS' compensation laws; MENTAL health laws; SEXUAL harassment; EXPERT evidence; LIABILITY for emotional distress; CIVIL rights; DAMAGE claims; ACTIONS &; defenses (Law); EXTENUATING circumstances; CRIMINAL liability
- Publication
Behavioral Sciences & the Law, 1995, Vol 13, Issue 2, p183
- ISSN
0735-3936
- Publication type
Article
- DOI
10.1002/bsl.2370130204