February 25, 2025

Introduction

Experiencing workplace discrimination can have profound and lasting effects on an employee’s well-being. For many, the emotional harm caused by such treatment can be just as damaging as financial losses. If you’ve been subjected to employment discrimination, you may be entitled to pursue an emotional distress claim as part of a broader discrimination lawsuit. These claims address the emotional and psychological impact of workplace mistreatment. Understanding how emotional distress is calculated and what evidence is required can empower employees to seek the justice they deserve.

What Is Emotional Distress in a Discrimination Case?

Emotional distress refers to the mental suffering and anguish that an individual experiences as a result of unlawful treatment, such as workplace discrimination. Unlike economic damages like lost wages or back pay, emotional distress damages are considered non-economic damages. These damages compensate employees for the psychological toll of enduring a hostile work environment or being wrongfully terminated.

In Nevada, both state and federal laws protect employees from discriminatory practices. The Nevada Revised Statutes (NRS) and Title VII of the Civil Rights Act prohibit workplace discrimination based on race, color, national origin, sexual orientation, gender, and other protected classes. When discrimination occurs, employees have the right to pursue a claim for emotional distress and other damages.

Types of Emotional Distress Damages in Employment Discrimination Claims

When filing an employment discrimination lawsuit, employees may be eligible for different types of damages. Emotional distress damages typically fall into two categories:

Compensatory Damages – These damages cover mental anguish, suffering, and emotional harm. For example, if you were subjected to severe sexual harassment or faced a hostile work environment, you may experience anxiety, depression, and sleep disturbances.
Punitive Damages – In cases where the employer’s conduct was particularly malicious or reckless, courts may award punitive damages to punish the employer and deter future discriminatory practices.

Both categories aim to provide fair compensation for the emotional and psychological impact of discrimination.

How to Prove Emotional Distress in a Discrimination Case

Unlike economic damages, emotional distress can be harder to prove since it doesn’t have a direct dollar value. However, evidence of emotional harm is essential to build a strong case. To succeed in claiming emotional distress damages, you’ll need to provide as much evidence as possible to support your claim. This may include:

Medical Evidence: Documentation from mental health professionals, such as therapists or counselors, who have treated you for anxiety, depression, or similar conditions caused by the discrimination.
Professional Treatment: Records of treatment, such as therapy sessions or prescribed medications, can demonstrate that you were emotionally affected by the discriminatory act.
Testimony from Family Members: Family members, friends, or co-workers can provide statements regarding how the discrimination caused changes in your emotional state or behavior.
Your Own Testimony: Your personal account of how the discrimination emotionally affected you can be powerful. Journals, notes, or communications with family members can serve as evidence.

The Nevada Equal Rights Commission (NERC) and the Equal Employment Opportunity Commission (EEOC) can investigate complaints of employment discrimination. Their findings can also serve as supporting evidence in your case.

Steps to File a Claim for Emotional Distress in Nevada

Filing a claim for emotional distress damages in a discrimination case requires careful planning and adherence to legal deadlines. Here’s what to do:

File a Complaint – Report the discriminatory practices to the NERC or the EEOC. The administrative agency will investigate the claim and determine if a violation occurred.
Consult an Employment Lawyer – An experienced attorney can assess the strength of your claim and help you gather the necessary evidence. They can also explain the time limit for filing a claim and the potential consequences of missing deadlines.
Document Evidence – Work with your attorney to collect documentation, including mental health records, testimonies, and medical evidence.
File a Lawsuit – If the matter cannot be resolved through administrative channels, you can sue your employer in court. Your attorney will present evidence of your emotional distress damages and seek fair compensation.

What Damages Can Be Recovered in a Discrimination Lawsuit?

When pursuing a discrimination lawsuit, employees may be eligible for various types of compensation, including:

Back Pay: Compensation for lost wages that an employee would have earned had they not been discriminated against.
Front Pay: If reinstatement is not an option, front pay compensates for future wages that the employee will miss out on.
Lost Benefits: If the discrimination led to the loss of health insurance, retirement contributions, or other benefits, these costs can be included.
Compensatory Damages: For mental anguish, emotional suffering, and other non-economic impacts.
Punitive Damages: Awarded to punish employers for willful or egregious violations of the law.
Attorney’s Fees: If successful, you may be entitled to have your legal fees and court costs paid by your employer.

Each case is unique, and an employment lawyer can evaluate the total amount of damages you may be entitled to receive.

How Emotional Distress Impacts Employees

The emotional impact of workplace discrimination cannot be overstated. Employees subjected to sexual harassment or ongoing mistreatment in a hostile work environment often suffer from:

Mental Anguish – Feelings of anxiety, fear, or sadness.
Emotional Harm – Depression, emotional numbness, or feelings of worthlessness.
Suffering – General pain and suffering as a result of mistreatment.
Strained Relationships – Tension with family members and difficulty maintaining personal relationships.
Reputational Harm – Discrimination can harm an employee’s reputation, especially if false claims or retaliation occur.

If you feel emotionally affected by discrimination at work, you don’t have to suffer in silence. Seeking professional treatment and legal guidance is critical to your well-being and your case.

When Should You Consult an Employment Lawyer?

If you believe that workplace discrimination has caused you emotional harm, it’s essential to seek legal advice as soon as possible. Discrimination claims are time-sensitive, and missing a filing deadline can limit your ability to recover damages. An experienced attorney can help you understand the strength of your claim, gather evidence, and fight for the compensation you deserve.

Call for Assistance

If you’ve experienced the emotional toll of discrimination in your work environment, you may be entitled to financial recovery for your suffering. Contact a legal professional for a free consultation and get answers to your most pressing questions. Holding employers accountable for discriminatory behavior isn’t just about justice—it’s about reclaiming your mental and emotional well-being.

Frequently Asked Questions (FAQ)

1. What is the difference between compensatory and punitive damages?
Compensatory damages reimburse you for emotional, mental, and financial harm. Punitive damages are meant to punish employers for especially egregious misconduct.

2. How is emotional distress proven in a discrimination case?
Evidence of emotional harm can be shown through medical records, therapy notes, personal testimony, and testimony from family members or co-workers.

3. How long do I have to file a discrimination claim in Nevada?
Time limits vary based on the type of claim and where it is filed. Consulting an employment lawyer will help you determine the deadlines that apply to your case.

4. What is an average settlement for emotional distress claims?
Settlement amounts vary depending on the severity of emotional harm, available evidence, and the employer’s conduct. Front pay, back pay, and compensatory damages are all factors that influence settlement value.

5. Can I recover attorney’s fees if I win my case?
Yes. If your claim is successful, your employer may be required to pay for your attorney’s fees and court costs as part of the judgment.

6. What role does the Nevada Equal Rights Commission play?
The NERC investigates allegations of discrimination and works to resolve disputes between employees and employers. If the NERC finds evidence of unlawful treatment, it can support your case in court.

If you’re struggling with the emotional toll of workplace discrimination, don’t wait to take action. Reach out for a free consultation with a legal professional who can guide you through your options. Your mental health, financial security, and future career opportunities are worth protecting.

Understanding Emotional Distress Claims in Nevada Discrimination Cases