123ArticleOnline Logo
Welcome to 123ArticleOnline.com!
ALL >> Legal >> View Article

Do I Need A Mental Exam?

Profile Picture
By Author: Samuel D. Bornstein
Total Articles: 6
Comment this article
Facebook ShareTwitter ShareGoogle+ ShareTwitter Share

If you have suffered emotional distress as a result of employment discrimination, this may interest you. The New Jersey Law Against Discrimination (LAD) provides that workers who suffer emotional distress as a result of unlawful discrimination can obtain compensation for that damage.

A recent decision of the Supreme Court in Tarr v. Ciasulli, 181 N.J. 70 (2004) held that emotional stress claims are compensable without corroborative proof, permanency of response or other physical or psychological symptoms which render the emotional distress severe or substantial.

In a pending case, McGhee and Johnson v. Pathmark Stores, Inc., plaintiffs sued for discriminatory conduct in the workplace and claimed emotional distress damages. The defendant asked the court to force the plaintiffs to submit to a psychological examination. The defendant argued that the plaintiffs had criminal backgrounds and one faced domestic abuse charges and two had undergone court-ordered anger management. The defendant asserted that other mental, ...
... physical or social factors might have contributed to the alleged distress claimed by plaintiffs.

YOU BE THE JUDGE: Does an LAD plaintiff claiming emotional distress subject himself to the risk that a court may order psychological evaluations? The motion judge denied defendant's request. The judge noted that the LAD was intended to provide an expansive remedy to plaintiffs and that the Legislature recognized emotional distress is sometimes a factor in assessing damages.

The judge found the plaintiffs' criminal histories did not give rise to an alternate explanation for the pain and suffering claimed by plaintiffs and evidence of alternative possibilities would likely confuse the jury. The judge also noted there was no New Jersey decision which supported defendant's request for an examination.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our Firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Paterson, Paramus, Passaic, Wayne, Montville, Demarest, Westwood, South Orange, West Orange, Closter, Freehold, West Orange, West New York, Morristown, Pequannock, Butler, Newark and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County. Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion@ about your pending lawsuit. There is no obligation for the initial consultation. Copyright Samuel D. Bornstein, P.A. 2008-2010.

The New Jersey Law Firm and its attorneys are dedicated to client-driven results and protecting individual rights and business interests. For 40 years, the Law Firm has been recognized for sound legal judgment, immigration laws, real estate cases, litigation, contracts and advocacy in serving the transactional needs of both individual and business clients. If you need assistance with business or corporate formation and operations, or you seek legal advice about insurance defense, arbitrations, wrongful termination, environmental issues, bankruptcy, insurance, civil rights and other litigation alternatives, the Law Firm has the comprehensive experience, foresight, skills and talent to assist you to safeguard your assets, interest and investments. The New Jersey Law Firm's highly devoted, motivated, experienced, skilled lawyers/attorneys and effective legal professionals are always there to assist you.


About The Author:

Author, Samuel D. Bornstein, is associated with the law firm (and has 40 years of experience in representing individuals and a wide variety of businesses from Fortune 100 companies that need specialized assistance to smaller companies that look to the firm as their "in house" lawyer for general day-to-day advice. The firm is experienced with transactional work and litigation, emphasizing corporate and partnership operations, employment.

Total Views: 201Word Count: 586See All articles From Author

Add Comment

Legal Articles

1. Can I Sell A Texas Property With A Quitclaim Deed
Author: Carl Glendon

2. Trademark Registration In Delhi For Brand Protection
Author: Rajesh Gole

3. Spain Embassy Attestation Dubai: Documents, Requirements And Process
Author: World Attestation

4. How Do The Best Law Firms In Hyderabad Handle Complex Legal Disputes?
Author: seo

5. When Two Companies Disagree Over The Accounts, A Court Expert May Matter
Author: AY Advocates

6. Best Immigration Consultants In Dubai For Europe: A Simple Guide
Author: Reliance Immigration

7. Data Privacy Lawyer: Protecting Your Personal And Business Information
Author: Data privacy Counsel

8. The Best Legal Referral Is One That Saves The Client From Repeating Everything
Author: The Law Reporters

9. How To Choose The Right Divorce Lawyer In Delhi For Your Family Matters
Author: VIVS LEGAL

10. Filing A Dubai Rental Dispute Requires More Than Uploading A Tenancy Contract
Author: The Law Reporters

11. Best Ba Llb Coaching In Kolkata: How To Prepare For Integrated Law Entrance Exams
Author: Amrita

12. Subletting A Commercial Unit Can Create Problems Before The New Occupant Moves In
Author: AY Advocates

13. Award Winning Law Firm In Dubai
Author: Kaden Boriss

14. Commercial Dispute Resolution In India: Arbitration Vs Litigation For Businesses
Author: Mantra Jha

15. How Can You Find The Best Lawyers For Accident Claims In Hyderabad?
Author: seo

Login To Account
Login Email:
Password:
Forgot Password?
New User?
Sign Up Newsletter
Email Address: