Sexual Harassment: Psychiatric Assessment in Employment Litigation

Front Cover
American Psychiatric Pub, May 20, 2008 - Medical - 312 pages

This comprehensive text stands alone in addressing sexual harassment from a forensic psychiatric perspective. Sexual Harassment: Psychiatric Assessment in Employment Litigation reviews the law, social science research, clinical experience, and principles of forensic evaluation relevant to the highly adversarial legal arena of sexual harassment litigation. This illuminating guide covers every aspect of psychiatric assessment in sexual harassment litigation: definition/legal history, bias/gender, credibility/malingering, "welcomeness," "reasonableness," causation, and emotional injury and damages. In an area where few training or educational opportunities exist, Dr. Gold presents a structured framework for these evaluations, including case examples that bring this framework to life.

No single response or specific psychiatric problem is associated with sexual harassment. Not all experiences of sexual harassment even constitute illegal employment discrimination. The term itself covers a wide range of behaviors, from annoying to traumatic. Likewise, the responses to such events, real or perceived, are broadly diverse. Further, the difficulties and ambiguities that arise at the interface of psychiatry, the legal system, and the social issues raised by sexual harassment make the application of psychiatric knowledge and expertise in such cases uniquely challenging.

This work provides invaluable assistance in helping mental health experts meet these challenges while also serving the legal system's goal of adjudicating disputes in the interest of serving justice. It emphasizes that experts should Base their evaluations and testimony on a thorough evaluation of the issues in each case. Acquire the intellectual tools needed, including familiarity with gender issues, the effects of stress and trauma, the scope and effects of sexual harassment, and an awareness of the potential biases that may influence opinions. Understand the scientific basis of their testimony.

As the definitive work on the forensic psychiatric aspects of sexual harassment, this work explores and bridges the interface between the law, social science, psychiatry, and employment issues. This classic volume will provide invaluable assistance to psychiatrists and psychologists in formulating credible, well-reasoned opinions in an evolving and controversial area of the law. Other mental health professionals and educators, as well as members of the legal and human resources community, will also find that this in-depth study increases their understanding and appreciation of the complexities and challenges of psychiatric evaluations in sexual harassment litigation.

From inside the book

Contents

Definition Legal History
17
Bias in the Assessment of Sexual Harassment Claims
37
Gender the Workplace and Sexual Harassment
57
Sexual Harassment Research Science and Daubert
79
Special Issues in and Guidelines for
103
Credibility Assessments and Malingering
125
The Assessment of Welcomeness
143
The Reasonable Person and Sexual Harassment
157
Psychiatric Diagnosis and the Assessment of Causation
171
Emotional Injury and the Assessment of Damages
193
A Framework for Psychiatric Evaluation
215
Copyright

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Page 24 - Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work...
Page 183 - The person experienced, witnessed, or was confronted with an event or events that involved actual or threatened death or serious injury, or a threat to the physical integrity of self or others. (2) The person's response involved intense fear, helplessness, or horror.
Page 111 - Relevant evidence" means evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Page 137 - Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.
Page 138 - Malingering is the intentional production of false or grossly exaggerated physical or psychological symptoms, motivated by external incentives such as avoiding military duty, avoiding work, obtaining financial compensation, evading criminal prosecution, or obtaining drugs.
Page 30 - VII's purview. Likewise, if the victim does not subjectively perceive the environment to be abusive, the conduct has not actually altered the conditions of the victim's employment, and there is no Title VII violation. But Title VII comes into play before the harassing conduct leads to a nervous breakdown. A discriminatorily abusive work environment, even one that does not seriously affect employees...
Page 110 - The order may be made only on motion for good cause shown and upon notice to the party to be examined and to all other parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.
Page 30 - So long as the environment would reasonably be perceived, and is perceived, as hostile or abusive, there is no need for it also to be psychologically injurious.
Page 28 - For sexual harassment to be actionable, it must be sufficiently severe or pervasive "to alter the conditions of [the victim's] employment and create an abusive working environment.

About the author (2008)

Liza H. Gold, M.D., is Clinical Associate Professor of Psychiatry and Associate Director of the Program in Psychiatry and Law at Georgetown University School of Medicine in Washington, D.C. She has a private practice in Arlington, Virginia.

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