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2 results

  • 7 - Commentary on Guthrie v. Conroy

  • from Part III - Intentional Torts
  • Edited by Martha Chamallas, Ohio State University, Lucinda M. Finley, University at Buffalo, State University of New York
  • Book:
    Feminist Judgments: Rewritten Tort Opinions
    Published online:
    28 November 2020
    Print publication:
    10 December 2020, pp 147-171

  • Summary

    Guthrie v. Conway exemplifies the reluctance of many courts to allow victims of workplace sexual harassment to sue in tort for intentional infliction of emotional distress (IIED). The employer in Guthrie escaped liability because the court did not regard numerous incidents of harassment as sufficiently “outrageous” conduct to justify tort recovery. The rewritten feminist dissent explains how courts often misuse summary judgment in hostile workplace environment cases and argues for a contextual application of the elements of IIED based on the victims’ experience. The feminist dissent would allow a jury to review the evidence in its totality, would not require the harassment to be overtly sexual to qualify as outrageous conduct, and would permit a tort claim regardless of whether the victim also had a viable claim under Title VII of the 1964 Civil Rights Act. The accompanying commentary catalogues the various techniques courts have used to exclude feminist perspectives in harassment cases and urges a greater role for tort litigation.

  • Post-traumatic stress symptoms in an Italian cohort of subjects complaining occupational stress

  • Rodolfo Buselli, Claudia Carmassi, Martina Corsi, Sigrid Baldanzi, Gianmarco Battistini, Martina Chiumiento, Gabriele Massimetti, Liliana Dell’Osso, Alfonso Cristaudo
  • Journal:
    CNS Spectrums / Volume 26 / Issue 5 / October 2021
    Published online by Cambridge University Press:
    14 July 2020, pp. 513-520
  • Objective

    Work-related stress presents a significant impact on work performance and physical health. It has been associated with the onset of a multitude of symptoms. The main aim of this investigation is to better understand the impact of post-traumatic stress symptomatology, using a specific self-assessment questionnaire, in subjects experiencing occupational stress with the rationale to address the variegated symptoms expressed by this particular population in a post-traumatic dimensional perspective.

    Methods

    Authors collected socio-demographic, occupational, and clinical data. They utilized Trauma and Loss Spectrum Self Report (TALS-SR), a questionnaire investigating post-traumatic stress symptoms. The population size was 345 subjects who presented at the Occupational Health Department of a university hospital over a 3 years period (2016–2018).

    Results

    Data analysis revealed 33.9% of subjects who met post-traumatic stress disorder (PTSD) criteria. Gender distribution of this set was (36.4% female, 31% male). A family history or personal history of mental disorders were related to higher scores in almost all TALS-SR domains and were related, respectively, to higher scores of criterion B “intrusion symptoms” (P = .014), criterion D “negative alterations in cognitions and mood” (P = .023), and criterion E “arousal” (P = .033) of PTSD. Differences in TALS-SR scores also emerged based on age and gender.

    Conclusions

    PTSD symptoms manifest at a significant level in those who experience work-related stress. Personal background of individuals, both in terms of family and personal history for mental disorders, seems to increase their vulnerability to develop post-traumatic stress symptoms. This study suggests the importance of evaluating occupational stress from a post-traumatic stress perspective also at an early stage.