Forensic Psychology - Civil Court

Assessment of Emotional Factors in Discrimination

Psychological evaluations regarding the effects of discrimination must consider many of the same issues addressed in evaluating sexual harassment. There needs to be a distinction made between perception of discrimination and the legal definition of discrimination, which is a legal question, not a psychological one. However, beyond that issue, psychologists are asked to assess whether an individual presents with psychological distress or disorder, whether this condition appears to be preexisting the alleged discrimination or as a result of the incident, and what functional impairments have resulted from the incident, including any permanent disability if evident. 

Psychologists may offer opinions regarding whether a person's expectations are reasonable, based on the circumstances because many psychological problems result when we expect people to treat us in an unrealistically positive way. The ultimate determination, regarding whether discrimination took place or not, is made by the court, but psychological assessment can describe the extent of harm and the potential for recovery, if discrimination is established.

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