Mental and Emotional Injuries in Employment Litigation, Second Edition, with 2008 Cumulative Supplement

This essential resource outlines winning strategies for managing claims of mental and emotional injuries. It provides vital clinical explanations and helps practitioners use the language of psychologists and psychiatrists at deposition and trial to evaluate claims, cross-examine mental health experts, determine the impact of prior psychological problems, expose "junk science", and argue claims involving post-traumatic stress disorder (PTSD), sexual harassment, and personality disorders. It includes a detailed index and table of cases.

James J. McDonald, Jr.
Main Volume and Supplement Editor
Francine B. Kulick
Main Volume Editor


Main Volume Information

Emotional damage claims are often the greatest source of monetary exposure in an employment lawsuit, resulting in a host of issues that may be litigated: “Did the plaintiff suffer emotional injury, and, if so, was the employer to blame?” “What role did the plaintiff’s own psychological history play in the genesis of the workplace dispute—and damages—in question?” In an era of mounting litigation, multimillion—dollar liability, and sensitive privacy issues, Mental and Emotional Injuries in Employment Litigation, Second Edition, answers the difficult questions and helps you to manage the challenging complexities of this rapidly changing area of practice.

This authoritative resource gives you vital clinical explanations and the latest legal analyses for the evaluation of emotional distress claims to help you communicate effectively with mental health experts, understand the impact of psychiatric disorders and medications on behavior, and manage the complicated mental health issues involved in employment litigation. Attorneys, psychiatrists, and pharmacologists explain the legal and mental health issues you need to assess—and be ready to litigate—in this intricate area of law.

Discover winning legal strategies to successfully:

  • Evaluate claims of mental and emotional injuries
  • Manage complex privacy issues during discovery
  • Select, depose, and cross-examine mental health experts
  • Speak with authority on psychiatric diagnoses, tests, terms, and effects of medications
  • Determine the impact of prior psychological problems on employer liability and damages
  • Expose “junk science” in the courtroom
  • Argue claims involving post-traumatic stress, sexual harassment, and personality disorders
  • Handle claims involving mental disabilities under the Americans with Disabilities Act

The book’s analyses, exhibits, and numerous examples help you master the complex elements of these claims. And a detailed index and table of cases make it ideal for your case evaluation. Mental and Emotional Injuries in Employment Litigation, Second Edition, delivers the latest, most reliable information, analysis, and guidance— so you can effectively manage mental health issues in employment litigation and provide the most effective representation.


Supplement Information

The 2008 Cumulative Supplement examines tests to determine whether good cause for a mental examination exists; the appealability of Rule 35 examination orders; requests for examinations to be held in a particular locale; and the exclusion from evidence of a plaintiff’s expert’s opinion for lack of any reliable foundation. It also examines the question of whether the cumulative effect of a plaintiff’s multiple impairments is taken into account in evaluating whether the plaintiff has a substantially limited major life activity.


Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.


View full tables of contents and read the book’s preface or introduction.


Read what others have to say about this Bloomberg BNA book.

Detailed but very readable … Any attorney who peruses these chapters will end up speaking the language of psychologists and psychiatrists at deposition and trial.


on the First Edition