There is a notion in the law that we take our victims as we find them. The classic example is the egg-shell skull plaintiff. If someone pushes you and you fall and knock your head and get a bump, you could theoretically sue that person for assault, but your damages would be limited because your only injury was a bump on the head. But, if you were born with a very thin skull and the same push caused your skull to break open, resulting in serious injury, then suddenly your damages are much greater and your case is worth much more. The wrong-doer engaged in the same conduct, but the damage caused by the conduct differed due to the state of the victim at the time of the wrongful act.

In employment law, this issue often arises in the context of a harassment case. Let’s say someone’s boss sexually harasses her but the victim of the harassment is pretty tough. She’s angry about the harassment, she knows it’s wrong, but she doesn’t really let it bother her. She could still pursue a case for sexual harassment, but her emotional distress damages would probably be relatively small because she didn’t suffer substantial distress. However, what if the woman who was harassed had a history of sexual abuse in her background? This time, the very same conduct by the harasser causes the victim to re-live painful memories. She because anxious, depressed, maybe even suicidal. Perhaps she develops an eating disorder or some other physical symptoms stemming from her emotional distress. The harasser had no idea his victim was particularly susceptible to injury caused by his conduct but he is nevertheless liable for the full extent of her injuries. You take your victim as you find her.

If the damages you suffered as a result of harassment or discrimination in the workplace are more severe because of a pre-existing condition, you are entitled to seek recovery for the full extent of your injuries.