Yes, you can sue an employer for emotional distress in Maryland. There are various avenues available for pursuing such claims, each with its own requirements and legal nuances. Therefore, it is essential to consult with an experienced attorney who can offer guidance on the most effective strategy for your situation.
What is Emotional Distress?
Emotional distress refers to the mental suffering or anguish experienced from traumatic, stressful, or harmful events. It can encompass a wide range of psychological symptoms, including anxiety, depression, and physical manifestations such as headaches or fatigue.
Unlike physical injuries, emotional distress can be more difficult to identify and prove, but it is just as real and impactful. Emotional distress can manifest in various ways, such as persistent anxiety, depression, irritability, or even physical symptoms like headaches or stomach issues. Individuals may feel overwhelmed or hopeless, experience constant worry, or have trouble concentrating or keeping up with responsibilities. Fatigue is also common, along with changes in sleep patterns or appetite, and some people may struggle with unexplained physical pain without clear medical causes.
In the workplace, emotional distress can arise from multiple situations, including harassment or discrimination, where employees face biased treatment or offensive behavior based on protected characteristics like race, gender, or age. These stressors can significantly impact an employee’s emotional and physical well-being, making it essential to recognize the symptoms and seek legal or professional help when necessary.
Can You Sue Your Employer for Stress and Anxiety in Maryland?
Yes, you can bring a claim against your employer for stress and anxiety in Maryland. There are four different avenues that each have different requirements when bringing a claim.
Intentional Infliction of Emotional Distress (IIED)
To bring a claim under IIED, you must prove that the employer’s actions were extreme and outrageous, the conduct was intentional or reckless, it caused emotional distress, and the distress was severe. Maryland courts apply this standard strictly. For example, workplace disputes or normal stress are usually insufficient. The conduct must go beyond mere insults, threats, or annoyances.
Source: Established in Harris v. Jones, 281 Md. 560, 572, 380 A.2d 611, 617 (1977).
Negligent Infliction of Emotional Distress (NIED)
Maryland does not recognize an independent claim for NIED. However, emotional distress may be included in a broader negligence claim if it is accompanied by physical harm or was caused by a traumatic event involving physical injury.
Source: Established in Hamilton v. Ford Motor Credit Co., 66 Md. App. 46, 65 (1986)).
Discrimination and Harassment Claims
Under Title VII of the Civil Rights Act and the Maryland Fair Employment Practices Act (FEPA), you can claim emotional distress as a result of harassment or discrimination. For example, if your emotional distress stems from racial, gender-based, or disability discrimination, you can bring a claim through the Maryland Commission on Civil Rights (MCCR) or the Equal Employment Opportunity Commission (EEOC). The emotional distress must be a result of unlawful treatment based on a protected characteristic.
Source: https://www.eeoc.gov/remedies-employment-discrimination, Title VII of the Civil Rights Act, Maryland Fair Employment Practices Act
Workers’ Compensation
The last avenue that you can take against your employer is under workers’ compensation. If the stress and anxiety result from a workplace injury or traumatic event, you may be able to file a workers’ compensation claim for emotional distress. However, Maryland law generally does not cover emotional distress unless it is linked to a physical injury or a sudden traumatic event at work.
How Do You Prove Emotional Distress?
Proving emotional distress requires substantial evidence to demonstrate that the mental anguish is real, significant, and directly linked to the employer’s actions.
In Maryland, courts typically look for evidence of extreme and outrageous conduct by the defendant that caused the emotional distress (Harris v. Jones, 281 Md. 560, 380 A.2d 611 (Md. 1977). Documentation of medical diagnoses, such as anxiety, depression, or post-traumatic stress disorder (PTSD), is crucial. Testimony from mental health professionals who can validate the severity of the distress and its connection to the triggering event strengthens the claim. Personal testimony from the victim, along with corroborating statements from colleagues, friends, or family members, can also help establish the impact of the distress on daily life.
Additionally, courts often require proof that the emotional distress is severe enough to cause significant disruption, such as difficulty performing job duties, maintaining relationships, or managing basic responsibilities (White v. Monsanto Co., 585 So. 2d 1205). Physical symptoms, such as headaches, fatigue, or digestive issues, can further support the claim, especially when medical records show no other clear cause.
The key is to link the emotional distress to the specific wrongful actions of the defendant and demonstrate how these actions created lasting harm beyond normal stress or frustration.
Conclusion
Experiencing emotional stress can result in lasting mental and physical health problems. To explore your legal options in these challenging circumstances, consulting with a knowledgeable employment attorney is crucial. Don’t hesitate to reach out to Romano Law today to connect with a member of our team.
Contributions to this blog by Kennedy McKinney.
