Intentional Infliction of Emotional Distress

An employee may have a claim for intentional infliction of emotional distress (IIED) against his or her employer in cases in which an employer purposely causes severe emotional distress to the employee as a result of extreme and outrageous conduct. Examples of IIED claims can include racial insults, sexual harassment, or conduct that threatens an employee's physical security (although a physical injury is not necessary).

What are the elements of an IIED claim?

To establish a claim for IIED, a plaintiff must establish:

• Extreme and outrageous conduct by the employer or a representative of the employer;
• Intent by the employer to cause the employee to suffer extreme emotional distress or knowledge that such distress was substantially likely to result;
• Employee suffered extreme emotional distress; and
• Employer's conduct caused employee to suffer extreme emotional distress.