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Discrimination Law

Mental Anguish

In order for a human rights tribunal to award monetary compensation for mental anguish, there must be clear evidence of a deliberate intention to violate the provisions of the human rights legislation. In some cases, it has been suggested that this evidence must be proof of malice or something very close to malice by the wrongdoer in inflicting the mental anguish upon the complainant.

One of the most common types of complaints in which monetary compensation for mental anguish has been awarded is in the area of sexual harassment. In deciding upon the amount of monetary compensation to be awarded for mental anguish in sexual harassment cases, the most important factors considered by the tribunal is the nature and degree of the harassment, as well as the psychological impact of the harassment upon the victim. There are very few cases in which the maximum amount of $10,000.00 will be award as compensation for mental anguish.

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This material is copyrighted in 2004 © by Brian A. Grosman and may not be reproduced without his specific written permission.