How do courts measure emotional damages in employment discrimination cases?
Emotional damages are the non-tangible damages that can be very difficult to evaluate. They’re typically awarded by a jury, having heard testimony from the plaintiff, or the employee that’s brought the lawsuit about what they’ve had to go through to get their case resolved. They can also be awarded based on medical testimony if someone has seen a therapist, or been treated for a length of time as a result of the termination, but they’re generally you know when you see type of damages that come from a jury’s understanding of what it means to experience something at the workplace that’s horrific. It’s usually an award of damages that rewards the bravery of someone who brings forth claim or discrimination knowing that the deck stacked against them, and has to undergo a significantly lengthy process to the court system to get to trial.