Home

Other than the harassment laws that require a motive such as wanting sex or trying to intimidate persons
of different races, the state laws also provide protections for severe forms of harassment. However, this
type of action requires a higher degree of severity than the normal harassment case in order to prove
liability. In essence, in order to assert a claim for intentional infliction of emotional distress under Texas
law, an employee must establish that: (1) the employer acted intentionally or recklessly; (2) the conduct
was extreme and outrageous; (3) the employer’s action actually caused the employee’s emotional
distress; (4) the emotional distress suffered by employee was severe; and (5) no other law provides
protection for this type of conduct. Some courts have said that the conduct must be so extreme,
outrageous and intolerable that it goes beyond all possible bounds of decency in a civilized society.
Thus, in most cases there will not be liability for intentional infliction of emotional distress based on
mere insults or indignities.

However, some truly extreme behavior may give rise to the cause of action for intentional infliction of
emotional distress, such as unwanted, repeated physical contact, death threats or threats to family
members, or physically menacing or frightening behavior. In fact, the courts have recently held that less
extreme behavior is actionable, such a supervisor’s repeated and ongoing pattern of intimidating and
abusive conduct toward his employees, including cursing, intimidating, and degrading his employees an a
daily basis. Similarly, an employer may be liable if it allows an employee to constantly ridicule his or her
coworker(s) about a physical ailment or condition. Likewise, an employer may be held liable for the
manner in which it tries to coerce an employee to resign, such as demoting and assigning severely
demeaning tasks. Simply put, the list of what is and what is not intentional infliction of emotional
distress is very fact specific, and too complex to summarize here.

If you believe that you have been the victim of an intentional act to create severe emotional distress, or if
you have been wrongfully accused of committing or allowing such an illegal act, please fill out and send
our email contact form. We would be happy to review your matter, and contact you about your
potential options. PLEASE DO NOT DELAY, as this may prevent you from being able to assert your
legal rights.