How Does Suing for Emotional Distress Work? - Brown Kwon & Lam, LLP.



How Does Suing for Emotional Distress Work?

Posted September 30, 2021 | Discrimination, Employment Law

Our work environments can have a big impact on our lives, especially when our experiences are negative. Experiencing any type of discrimination at work can take a huge toll on an employee. This not only affects your ability to do your job well but can make you feel unsafe while you’re at work and affect your mental health. One type of compensation you can receive in an employment discrimination case is emotional distress, but you might be wondering what exactly this is and how it works.

If you’re experiencing discrimination at work and have suffered emotional distress due to it, Brown Kwon & Lam can help you get the compensation you deserve.

What is Emotional Distress?

Emotional distress refers to the mental anguish you experience due to various negative stimuli. In this case, it would be caused by being discriminated against. You can receive compensation for emotional distress on top of other damages you experienced, such as lost benefits.

Compensation for emotional distress can be harder to collect than economic damages, such as the damages you experienced losing your job due to discrimination. Proving that this has occurred can also be complicated, which is why you need an experienced employment discrimination lawyer who can help you receive the appropriate amount of compensation. You wouldn’t have experienced this had the discrimination not occurred, and you deserve to be compensated for your pain and suffering.


Emotional distress can have many symptoms, and not everyone will experience symptoms in the same way. In addition to emotional stress that can affect your mental health, it can also take on physical symptoms. Some symptoms include:

  • Anxiety and nervousness
  • Anger and irritability
  • Changes in appetite
  • Changes in mood and personality
  • Depression
  • Fatigue
  • Sleeplessness

How to Sue for Emotional Distress

If you believe you need to sue for emotional distress due to employment discrimination, here are a few actions you need to take.

Contact an Employment Discrimination Lawyer

Taking legal action for employment discrimination can feel overwhelming. If you want to receive compensation, you can’t do this on your own. It’s important that you contact an employment discrimination lawyer as soon as you can so that you can find out if you have a case. An experienced lawyer will understand what you need to do to receive compensation for emotional distress, in addition to other damages, and get justice.

Have Documentation When Possible

When you suffer from a physical injury, you’re likely going to receive medical treatment and can prove that you did have an injury. Emotional distress is more difficult to prove than a visible injury, but if you’ve been suffering from a mental health condition, such as anxiety, and have required professional treatment, this can be used to prove that you’ve experienced damages. Whatever documentation like this you can provide helps to prove that you’ve suffered.

Keep a Record of Your Experience

While documentation from a mental health professional is extremely helpful, it isn’t always possible to get. However, this doesn’t mean there’s no way for you to prove that you’ve experienced emotional distress. When you believe you’ve been discriminated against at work, you need to keep a record of your experiences. You can use this to show what you’ve experienced in your workplace and the effect that it’s had on you and your wellbeing.

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