By Liza H. Gold
This accomplished textual content stands by myself in addressing sexual harassment from a forensic psychiatric viewpoint. Sexual Harassment: Psychiatric review in Employment Litigation stories the legislations, social technology examine, scientific adventure, and ideas of forensic review correct to the hugely opposed criminal enviornment of sexual harassment litigation. This illuminating consultant covers each point of psychiatric overview in sexual harassment litigation: definition/legal heritage, bias/gender, credibility/malingering, "welcomeness," "reasonableness," causation, and emotional harm and damages. In a space the place few education or academic possibilities exist, Dr. Gold provides a based framework for those reviews, together with case examples that carry this framework to lifestyles. No unmarried reaction or particular psychiatric challenge is linked to sexual harassment. now not all reviews of sexual harassment even represent unlawful employment discrimination. The time period itself covers quite a lot of behaviors, from demanding to disturbing. Likewise, the responses to such occasions, actual or perceived, are generally varied. additional, the problems and ambiguities that come up on the interface of psychiatry, the felony method, and the social matters raised by means of sexual harassment make the appliance of psychiatric wisdom and services in such circumstances uniquely not easy. This paintings presents priceless advice in assisting psychological future health specialists meet those demanding situations whereas additionally serving the criminal system's target of adjudicating disputes within the curiosity of serving justice. It emphasizes that specialists may still -Base their reviews and testimony on a radical overview of the problems in every one case. -Acquire the highbrow instruments wanted, together with familiarity with gender concerns, the results of pressure and trauma, the scope and results of sexual harassment, and an wisdom of the aptitude biases which can effect evaluations. -Understand the clinical foundation in their testimony. because the definitive paintings at the forensic psychiatric points of sexual harassment, this paintings explores and bridges the interface among the legislation, social technological know-how, psychiatry, and employment concerns. This vintage quantity will offer valuable assistance to psychiatrists and psychologists in formulating credible, well-reasoned reviews in an evolving and arguable zone of the legislation. different psychological health and wellbeing pros and educators, in addition to participants of the criminal and human assets group, also will locate that this in-depth learn raises their knowing and appreciation of the complexities and demanding situations of psychiatric reviews in sexual harassment litigation.
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Additional resources for Sexual Harassment: Psychiatric Assessment in Employment Litigation
Pain and suffering are not compensable. Some states limit workers’ compensation to “physical” injuries. Some states make no distinction between physical and nonphysical injuries. Nevertheless, states that allow recovery for purely psychological injuries still require that the injury be disabling or require medical treatment. Another possible drawback to the use of workers’ compensation statutes lies in the legal limitation that claims made under these statutes constitute an exclusive remedy. Therefore, a finding of coverage for purposes of workers’ compensation will preclude the possibility of filing a suit under state law (Lindemann and Kadue 1992).
Vinson 1986, p. 68). They emphasized that “[t]he correct inquiry is whether the respondent by her conduct indicated that the sexual advances were unwelcome, not whether her actual participation in sexual intercourse was voluntary” (Meritor Sav. B. v. Vinson 1986, p. 68). This ruling gave rise to the legal strategy of raising the issue of the “welcomeness” of the complained of behaviors as a routine inquiry (and defense) in sexual harassment cases (see Chapter 8: “The Assessment of ‘Welcomeness’”).
Assault and battery constitute separate torts but are usually asserted together as causes of action in sexual harassment cases. These traditional torts provide a common-law remedy for workers threatened with and subjected to offensive physical contact in the workplace. Under claims for assault and battery, even an award of nominal compensatory damages can support a significant award of punitive damages (Strubbe et al. 1999). Liability for assault requires a showing that the actor intended to cause harmful or offensive contact, and the victim was put in apprehension of such conduct.