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Psychiatric Times. Vol. 19 No. 4
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Personality Disorders in Employment Litigation

By James J. McDonald Jr., J.D.
| April 1, 2002
Mr. McDonald is a partner in the Irvine, Calif., office of the national labor and employment law firm of Fisher & Phillips LLP. He is editor of the new second edition of the treatise Mental and Emotional Injuries in Employment Litigation (BNA Books, 2001).

The personality disorder is a condition, largely the product of being raised in a dysfunctional home with dysfunctional parents, in which Plaintiff did not learn how to solve problems effectively or to communicate effectively with other people. The disorder leads to the formulation of implausible perceptions and thus different kinds of conclusions about what other people's actions and behavior mean as distinguished from what a reasonable person not subject to such a disorder would perceive them to mean.

Consistent with this disorder, Plaintiff makes judgments that are highly personalized and overly emotional. She sees things in black and white terms rather than shades of gray that permit allowances and generally feels whatever goes wrong is someone else's fault and she had no role in the misadventure. Persons with this disorder take no responsibility for what goes wrong in their lives.

The court credited the testimony of the defense psychiatrist, Dr. Plazak, noting:

When asked if Plaintiff's allegations had any role in the causes of Plaintiff's disorders, Dr. Plazak replied that the situation is reversed in that the disorders are causes of the allegations. The incidents Plaintiff related were characterized by misinterpretations of events and interactions with fellow employees that were far more intense than would be interpreted by a reasonable person.

The court rejected the view of the plaintiff's psychiatrist that all of the plaintiff's emotional difficulties were the result of her experiences in the workplace, noting, "His conclusion dismisses the profuse psychiatric history of the Plaintiff which accounts for the symptoms she had displayed all her life and continued to display even at the time of trial."

Detecting Personality Disorders

Because of its potential importance in an employment lawsuit, a forensic psychiatrist should be especially alert for signs of Axis II pathology. Since the actual mental examination is relatively short and the plaintiff may not be completely forthcoming about all aspects of their life, it is essential that the psychiatrist also review a variety of records which might reveal evidence of Axis II pathology. These include:

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