08/21/2026
A new Fifth Circuit ruling could reshape a common defense in workplace harassment cases.
In EEOC v. SkyWest Airlines, Inc., the court held that a Title VII plaintiff seeking emotional-distress damages has no legal duty to mitigate those damages by seeking therapy, medication, or other treatment.
While the decision is binding only in Louisiana, Mississippi, and Texas, it could have implications beyond the Fifth Circuit. The Eleventh Circuit has not squarely decided the issue, making the ruling potentially persuasive authority in future cases in Georgia.
For employers, the takeaway is important: emotional-distress damages can still be challenged on issues like causation, severity, credibility, and documentation — but a plaintiff’s decision not to seek treatment may not be enough to reduce their recovery.
Read our latest blog for a closer look at the ruling and what it could mean for employers and employees: https://www.friedbonderwhite.com/articles/blog-post-fifth-circuit-limits-a-common-title-vii-defense
*This post is for general informational purposes only and is not legal advice.*