The relation between tort remedies and discrimination has been examined extensively, yet there has been little consideration of this relationship with respect to appropriate evidentiary standards for the award of mental distress damages in discrimination cases. This article will consider such standards. After briefly tracing the history of mental distress award standards in discrimination cases, this article will critically examine present compensatory approaches in such cases and suggest an alternative philosophy more consonant with tort compensation principles.
Harold J. Rennett,
Developing "Tort" Standards for the Award of Mental Distress Damages in Statutory Discrimination Actions,
U. Mich. J. L. Reform
Available at: https://repository.law.umich.edu/mjlr/vol11/iss1/8