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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).

Plaintiff has a personality disorder that produced symptoms of emotional distress. An employee with BPD, narcissistic personality disorder or dependent personality disorder (DPD) may suffer great distress as a result of rejection by a significant other outside of work. The reaction may be extreme, including suicidal gestures or requiring psychotropic medication. This would be relevant to damages, as it would provide an alternative explanation (besides the workplace event in question) for the plaintiff's objectively verifiable emotional distress.

Plaintiff has a personality disorder but was nonetheless the subject of unlawful conduct. Sometimes, even though the plaintiff has a personality disorder, they may still be the subject of unlawful treatment and suffer emotional distress unrelated to the personality disorder as a result.

Plaintiff has a personality disorder that exacerbates the emotional distress suffered as the result of illegal conduct. This is an example of an application to Axis II disorders of the "eggshell skull" principle, which holds that a defendant is liable for the extra damage that an especially vulnerable plaintiff suffers. An employee with DPD may become inordinately attached to a supervisor and then be devastated by an unlawful termination, or an employee with BPD may be sexually exploited by an unscrupulous supervisor and then attempt suicide, requiring hospitalization, following the breakup of the affair. The employer would be liable for this additional damage suffered on account of the plaintiff's heightened susceptibility to harm.

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References
1. Lowe v Philadelphia Newspapers, Inc., 594 F. Supp. 123 (E.D. Pa. 1984).
2. Pascouau v Martin Marietta Corporation, 994 F. Supp. 1276 (D. Colo. 1998), aff'd in relevant part, 185 F. 3d 874 (10th Cir. 1999) (table).
3. Ramirez v Kelly, 1997 WL 223053 (N.D. Ill. 1997).
4. Spencer v General Electric Co., 697 F. Supp. 204 (E.D. Va. 1988), aff'd, 894 F.2d 651 (4th Cir. 1990).
5. Sudtelgte v Reno, 63 FEP Cases 1257 (W.D. Mo. 1994).


 
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