NCJ Number
216938
Date Published
2005
Length
15 pages
Annotation
This chapter discusses the features of workplace harassment based on an employee's race/ethnicity and issues in related legal actions, including conducting a psychological evaluation as part of a litigation strategy.
Abstract
Root (2003) identified 13 racially discriminatory and harassing behaviors and tactics in the workplace. These include "simple discrimination" (name-calling, jokes, etc.), "lethal discrimination" (death threats and physical intimidation), "administrative discrimination" (blocking advancement), "low-expectation discrimination" (dead-end job assignments), "bystander apathy" (lack of action by other employees to confront discrimination), and "double standard" (measuring employee performance by a higher standard than other employees). When an individual who is suing an employer for workplace harassment based on the employee's race/ethnicity, the employee's attorney may refer the client for a psychological evaluation as part of the litigation process. The psychologist's job is to assess whether or not there have been damages likely to have been caused by the harassment. The longer the individual has experienced the discrimination and harassment, the more likely there will be observable and diagnosable psychological damage that affects various areas of the employee's life. Such an evaluation should have all the aspects of a conventional psychological evaluation. This includes family and personal history, job history, educational history, medical history, past counseling, alcohol and drug history, and testing and psychological diagnoses. Forensic evaluations should include a review of collateral data, including the legal claim, employment records, medical records, and witness depositions. A history of immigration should be taken when appropriate, as well as an account of experiences of discrimination based on race/ethnicity. The chapter discusses common damages, common diagnoses, theoretical conceptualization, and prognosis. 27 references