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Beware claims of intentional infliction of emotional distress

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in Discrimination and Harassment,Human Resources

You should thoroughly train all managers and supervisors on how to treat disabled employees. A worker with a disability who is badly mistreated may be able to claim intentional infliction of emotional distress in Pennsylvania.

Recent case: Frederick struggled emotionally following the death of his son. He claimed his inability to cope amounted to a disability—and that his supervisors at work made light of his anguish. He finally requested time off—and alleged he was fired for doing so.

More than two years later, he filed an intentional-infliction-of-emotional-distress claim against his former employer.

Fortunately for the employer, he had waited just a little too long. Pennsylvania requires such claims to be filed within two years of the last comment or other action that created emotional distress. (Altieri v. Concordville Motor Car, ED PA, 2018)

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