DIAGNOSIS OF PSYCHOLOGICAL IMPAIRMENT IN EMPLOYMENT DISCRIMINATION CLAIMS

The United States Supreme Court recently held that while psychological harm or injury is not a prerequisite to proof of liability in employm ent discrimination lawsuits, such harm or injury may be considered in determining employer liability. Other recent legal developments have a lso greatly expanded the opportunity for psychologists and other menta l health professionals to contribute to determinations of both liabili ty and damages in this legal context. This article briefly examines so me of the aspects of workplace claims that evaluating mental health ex perts will need to address. Then the article focuses on the role of ps ychodiagnostic testing in the context of legal decisionmaking. Finally , the article points to gaps in knowledge regarding the role of psycho diagnostic testing in employment cases and suggests areas for future r esearch on this timely but understudied topic.