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Forensic Psychologist Involved in Sexual Harassment Complaints
By: Nina Rodd, PhD |
Psychologists are increasingly asked to evaluate and treat patients who experienced trauma as a result of sexual harassment or discrimination. Since early 1990s the consequences of sexual harassment at work or in educational settings have gained more public and legal attention. These victim most likely experience severe consequences in more than one way, which includes financial, occupational, family and marital, in addition to psychological harm.
The United States Merit Systems Protection Board (USMSPB) (1995) found that only 6% of employees who believed they were sexually harassed ever report the incidents.
Sexual harassment behavior is reported to range from jokes, sexual teasing, sexual remarks and questions, deliberate touching or pinching, writing letters, telephone calls, pressure for dates or sexual favors, to sexual assault, attempted rape and rape.
The psychologist's role is essential in such cases when the patient has sustained psychological harm. A psychological evaluation and a comprehensive report could be valuable in assisting the attorney, in determining the damages and the extent of future treatment needed. Often these victims need psychological intervention and treatment as well.
A Forensic Psychologist in establishing possible injury needs to tailor an evaluation plan such as the following:
- Clinical and history taking
- Review of records (legal, medical, employment, social, psychiatric, police reports, etc.)
- Selecting appropriate court admissible psychological testing tools.
- Establishing current diagnosis.
- Considering the effect of the pre-existing conditions on the present psychological injury.
- Using historical and scientific evidence as well as clinical observation in forming an opinion about the psychological condition of the patient and its causation.
- Asses the types of treatment needed.
- Report the approximate length, type and extent of the needed treatment.
The attorney may instruct the expert to perform a psychological assessment with or without preparing any written report, or may ask for a comprehensive written report including diagnosis, causation, prognosis and future treatments.
As an Expert Witness the role of the psychologist is mainly forming an opinion based on admissible and credible research information. The expert's role is to determine (1) whether the patient/litigant is psychologically damaged and whether there is a relationship between the damages and the alleged harassment or discrimination. The Expert's testimony regarding causation and damages in sexual harassment is subject to the standard for expert testimony set by the U.S. Supreme Court in Daubert v Merrell Dow Pharmaceuticals, Inc. (1993). Such testimony must be relevant to the facts and be reliable.
Dr. Nina Rodd, is a Clinical and Forensic psychologist, a Qualified Medical Examiner and Diplomat from American College of Forensic Examiners. She has taught in various Universities, and has had various professional appointments. Her private practice in Rolling Hills Estates, California includes both clinical and forensic cases, providing consultation, evaluation and expert witness services.
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