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Article: Mental examinations in federal employment litigation.
- Article from:
- Florida Bar Journal
- Article date:
- May 1, 2004
- Author:
CopyrightCOPYRIGHT 2004 Florida Bar. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Complete emotional tranquility is seldom attainable in the world, and some degree of transient and trivial emotional distress is a part of the price of living among people. The law intervenes only where the distress inflicted is so severe that no reasonable person could be expected to endure it. (1)
Whether this principle from the Restatement of Torts discussion of the law of intentional infliction of emotional distress applies in employment claims can be debated. Yet what is clear is that virtually every employment lawsuit (where the underlying statute permits) asserts a claim for compensatory damages--damages for emotional distress, humiliation, embarrassment, ...