We wrote a post on November 21st entitled “Is There A Duty To Mitigate Emotional Damages?”

In the post we cited a case where a court held that the EEOC was not required to prove that groped female employees made reasonable efforts to limit their emotional harm caused by the alleged harassment:   ”Congress’ deliberate decision

We wrote a post the other day entitled “Is There A Duty To Mitigate Emotional Damages?”

In it we cited a case where a court held that the EEOC was not required to prove that groped female employees made reasonable efforts to limit their emotional harm caused by the alleged harassment:   “Congress’ deliberate decision to

Our post the other day about plaintiff/employee’s requirement of mitigating damages in employment discrimination cases drew some good comments, posted below.

But before we get to the comments, we wanted to discuss the duty to mitigate emotional damages.

emotional pain : young white woman sadly sitting with his head propped on his hands Stock Photo

Is There A Duty To Mitigate Emotional Damages?

We previously wrote about a case of apparent first

We have written little about the requirement in Title VII (and the other anti-discrimination  laws) that a plaintiff-employee has a duty to mitigate damages.  This may be because many lawyers backburner this issue in their zeal to deal with the merits of a case, or perhaps they ignore (repress?) this issue because it presupposes that