Employment lawyers in New Jersey need to pay attention to this case. In this employment discrimination case, 25-3-9333 McGhee v. Pathmark Stores, Inc.,Law Div. (Atlantic County), defendants move for reconsideration of the trial court's denial of their request to conduct mental evaluations of plaintiffs, arguing that plaintiffs put their mental status in issue when they claimed that they suffered severe emotional distress due to alleged racial harassment. Rejecting defendants' argument that it should apply federal law to this case, the court then denies the motion, finding that emotional distress is a recognized byproduct of discrimination and the fact that one plaintiff is currently facing domestic abuse charges while two have undergone court ordered anger management does not create a defense for defendants nor does it give an alternate explanation for the pain and suffering alleged under the NJLAD. Also, allowing such evidence would confuse the jury, causing them to judge the alleged victims, plaintiffs, for their moral turpitude rather than assessing the evidence as to whether they suffered racial discrimination. Plaintiffs did not put their mental state in question when they pleaded pain and suffering as a result of discrimination.
Damages for emotional distress are often awarded in employment discrimination cases brought under New Jersey's employment laws.
