Can You Sue for Emotional Distress in a Workplace Discrimination Case?

Workplace discrimination affects thousands of employees each year, often leaving not only financial damage but deep psychological scars. California, known for having some of the most employee-friendly labor laws in the United States, offers a robust legal structure to protect workers from unlawful discrimination.

But what happens when the harm suffered is psychological rather than economic? Can an employee in California sue for emotional distress in a workplace discrimination case? The answer is yes, but the issue is intricate and requires a nuanced understanding of California employment and tort law. 

At our firm in Los Angeles, California, we’re dedicated to providing you with fair representation in the event of workplace discrimination. Here, we’ll discuss legal avenues available to victims of workplace discrimination in California who seek compensation for emotional distress.

Workplace Discrimination Law in California

The cornerstone of anti-discrimination law in California is the Fair Employment and Housing Act (FEHA), codified at California Government Code §§ 12900–12996. 

FEHA prohibits employment discrimination based on race or color, religion, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity or gender expression, sexual orientation, age (for individuals 40 and older), and military or veteran status.

FEHA applies to public and private employers with five or more employees and is enforced by the California Civil Rights Department. Under FEHA, victims of discrimination can seek a wide array of remedies, including back pay and front pay, hiring or reinstatement, promotion, policy changes or training, compensatory damages, punitive damages, and attorney’s fees and costs. 

Thus, FEHA expressly provides for the recovery of emotional distress damages as part of compensatory damages.

Analyzing Emotional Distress

Emotional distress refers to mental or emotional suffering resulting from someone else’s conduct. In the context of workplace discrimination, emotional distress can take many forms, including depression, anxiety, panic attacks, insomnia, loss of self-esteem, suicidal ideation, and physical symptoms such as headaches or gastrointestinal issues.

Victims may experience emotional distress as a result of workplace harassment, exclusion, wrongful demotion, retaliation, or wrongful termination. Proving this distress and linking it to the discriminatory conduct is crucial for a successful claim.

Legal Theories for Suing for Emotional Distress

In California, individuals seeking damages for emotional distress, particularly in the context of workplace discrimination, typically have two primary legal avenues available to them. Each route presents distinct standards of proof and procedural requirements that must be met.

Statutory Claims Under FEHA (Fair Employment and Housing Act)

The Fair Employment and Housing Act (FEHA) is California's comprehensive anti-discrimination statute. 

It prohibits discrimination and harassment in employment and housing based on a wide range of protected characteristics, including race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, and military and veteran status.

Under FEHA, if an employee experiences workplace discrimination or harassment that causes them emotional distress, they may be able to recover damages for that suffering. To succeed in a FEHA claim for emotional distress, the plaintiff generally needs to demonstrate:

• A violation of FEHA: This involves proving that they were subjected to discrimination or harassment based on a protected characteristic.

• Causation: They must establish a direct causal link between the employer's discriminatory or harassing conduct and their emotional distress.

• Damages: They need to present evidence of the emotional distress they have experienced, which can include symptoms such as anxiety, depression, insomnia, loss of enjoyment of life, and physical manifestations of stress.

FEHA claims often involve an administrative process through the Department of Fair Employment and Housing (DFEH) before a lawsuit can be filed in court. The DFEH investigates complaints and can attempt to mediate a resolution.

Common Law Tort Claims

Beyond statutory claims, emotional distress damages can be pursued through common law tort claims like Intentional Infliction of Emotional Distress (IIED) and Negligent Infliction of Emotional Distress (NIED).

IIED requires extreme and outrageous conduct, intent/recklessness, severe emotional distress, and causation. NIED, generally harder to prove in workplaces, typically requires a duty of care, breach, causation, and severe emotional distress, often with physical injury or direct victim status.

IIED is usually more viable in workplace discrimination/harassment due to its "outrageous conduct" standard. Each claim has nuances, and legal consultation is crucial to determine the best course of action for emotional distress damages.

Emotional Distress Under FEHA

FEHA explicitly allows for the recovery of compensatory damages for non-economic harm, which includes emotional distress. To succeed, a plaintiff must prove they were subjected to unlawful discrimination or harassment. The employer’s conduct must also be a substantial factor in causing harm. Finally, the plaintiff must have suffered emotional distress as a result.

IIED and NIED

In addition to FEHA, plaintiffs may sue for intentional infliction of emotional distress (IIED) or negligent infliction of emotional distress (NIED) under California common law. These claims are separate from statutory discrimination claims and carry their burdens of proof.

To prove IIED, a plaintiff must show: extreme and outrageous conduct by the defendant; intent to cause, or reckless disregard of the probability of causing, emotional distress; the plaintiff suffered severe emotional distress; and the defendant’s conduct was a substantial factor in causing that distress.

Negligent Infliction of Emotional Distress (NIED) claims are less frequently successful in workplace scenarios, but they may be applicable if the defendant owed a duty of care to the plaintiff, breached that duty through negligent conduct, and this breach caused serious emotional distress. 

California courts are generally hesitant to permit NIED claims in employment disputes unless there is a clear link to a physical injury or a distinct breach of duty.

Preemption Issues

One important legal consideration is whether FEHA preempts common law claims like IIED and NIED. California courts generally allow plaintiffs to pursue both statutory and common law claims arising from the same facts. 

This is provided that the common law claims don’t duplicate the statutory claim without adding distinct elements, and the conduct is egregious enough to meet the higher standard for IIED or NIED. 

In other words, a plaintiff can simultaneously sue under FEHA for discrimination and bring an IIED claim based on the same behavior, so long as the conduct was outrageous and the emotional distress severe.

Limits and Challenges in Emotional Distress Claims

Although legally allowed, emotional distress claims face several practical hurdles. Juries and judges require credible, specific evidence of emotional suffering. Vague claims of “stress” or “feeling bad” aren’t enough. Courts look for medical records, prescription history (e.g., antidepressants), psychiatric evaluations, and consistent witness testimony.

Employers often raise defenses such as the conduct wasn’t outrageous, the plaintiff had preexisting mental health issues, the employer took corrective action (in harassment cases), or the plaintiff failed to exhaust administrative remedies under FEHA.

Unlike some federal laws, California doesn’t cap damages under FEHA, which means emotional distress awards can be substantial. However, federal laws such as Title VII do impose caps, which could limit damages in federal court.

Yes, you can sue for emotional distress in a workplace discrimination case in California, and the law allows for significant recovery under both statutory and common law theories.

However, success in such claims depends on the severity of the conduct, the strength of the evidence, and the plaintiff’s ability to connect the distress to the employer’s illegal behavior. Victims should consult an experienced employment law attorney to work through the legal structure and determine the best strategy for maximizing their recovery.

Contact Us Today

California’s legal system offers powerful tools for addressing not just economic losses but also the invisible wounds caused by discrimination. We serve clients in Los Angeles, California and we’re prepared to fight for you. If you’re experiencing workplace discrimination, reach out to our firm, Toni Jaramilla, today.