Emotional Distress Claims in Sexual Harassment Cases

hostile environment harassment

Victims of sexual harassment often add a claim for intentional infliction of emotional distress to their complaints.

To support a claim for intentional infliction of emotional distress, a plaintiff must prove that the defendant’s conduct was so outrageous that it exceeded all bounds that are usually tolerated in a civilized community.  Severe emotional distress means emotional distress of such substantial quality or enduring quality that no reasonable person in a civilized society should be expected to endure it.

These high standards for proving severe emotional distress were reiterated by the California Court of Appeals in a case out of Orange County called Haberman v. Cengage Learning (2009) 180 Cal.App. 4th 365, which in turn relied on a 2009 case from the California Supreme Court, Hughes v. Pair (2009) 46 Cal. 4th 1035.

hostile work environment sexual harassment
Proving Sexual Harassment in the Workplace
palo alto law firms
Employers are Responsible for Sexual Harassment By Supervisors