回複：請教有關工作場合歧視的問題，請高手幫忙！

The idea is not to file a claim based on discrimination. One better idea is to sue him for intentional infliction of emotional distress (IIED). IIED is the defendant's intentional or reckless infliction of extreme and outragous conduct to cause the victim severe emotional or mental distress. Extreme and outrageous conduct are those outside boundary of decency in the normal community.

Normally mere insult, verbal abuse and such do not constitute IIED. If there is a pattern, such as repetitive verbal abuse, or racial slurs, courts will view that as extreme and outrageous. The other thing you need to prove is the emotional distress. Physical evidence is not enough.

I think you've got a prima facie case here. A lawyer would be more than happy to help you. IIED is to protect mental tranquility so that not only general damage but punitive damage is also available if this guy acted maliciously.

In terms of the employer, he could be held vicariously liable as well. There are two reasons you want to name the employer as a defendant. One, he has responsibility to maintain work place peace and that is a duty he owes to you. Second, in case of the guy is insolvent, the employer always has a deep pocket to pay for the damage. Of course, the employer need be sued under negligence.

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• Thank you so much! -多年以前- ♀ (83 bytes) () 11/25/2005 postreply 21:22:57