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National Law Review
National Law Review
7/15/2026
Fifth Circuit: No Duty to Mitigate Emotional Distress Damages in Title VII Cases

Fifth Circuit: No Duty to Mitigate Emotional Distress Damages in Title VII Cases

Short summary

The Fifth Circuit ruled in EEOC v. SkyWest Airlines that Title VII plaintiffs have no duty to mitigate emotional distress damages, meaning employers in Louisiana, Mississippi, and Texas face potentially larger damages awards in harassment and discrimination cases. The court also upheld admission of the plaintiff's text messages to her husband as evidence of her mental state. The ruling underscores the importance of prompt, thorough workplace harassment investigations.

  • Fifth Circuit: no duty to mitigate emotional distress damages under Title VII
  • Ruling is binding on employers in Louisiana, Mississippi, and Texas
  • Court upheld admission of plaintiff's texts to husband as evidence of emotional state

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