September 2021 - Parks & Recreation - 41

to be regarded as atrocious, and utterly
intolerable in a civilized community.
Conduct is not extreme
and outrageous simply because it
is unkind or causes someone's feelings
to be hurt.
Moreover, as a general rule, the
federal appeals court acknowledged:
" an employer's termination
of an employee does not qualify as
extreme and outrageous conduct
under Georgia law. "
On appeal, Plaintiff claimed her
demotion after she reported the
rape allegation and her employment
termination after she refused
to sign a letter was " both intentional
and outrageous " in violation of
her First Amendment rights. In so
doing, Plaintiff testified, during the
meeting attended by her supervisor
and the City's director of human
resources, she was specifically upset
by the letter being read by the
director of parks and recreation
and the city manager, " accusing
her of meddling in the affairs of the
Cultural Arts Center. " As a result
of " the emotional distress the officials
caused her, " Plaintiff claimed
" she now suffers from heart issues
and anxiety, for which she takes
medication. "
this
Under the circumstances of
the
case,
federal appeals
court found Plaintiff had failed to
demonstrate intentional infliction
of emotional distress under Georgia
law. In so doing, the appeals
court agreed with the district court
that " the officials' conduct was neither
intentional or reckless nor extreme
and outrageous " :
None of the actions that Plaintiff
identified, nor the requirement
that she sign to acknowledge
that she received a letter and
understood its conditions, is conSEATS,
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duct that goes beyond all possible
bounds of decency or is atrocious
and utterly intolerable in a civilized
community.
In support of her claim for intentional
infliction of emotional
distress, Plaintiff also had alleged
instances of " sexual harassment,
unfair treatment compared to other
employees, failure to compensate
for overtime, and demotion and
threatened termination for testifying
against an employer. " In the
opinion of the appeals court, these
additional allegations of adverse
employment actions were " not
comparable " to city officials reading
a letter with employment conditions
at a meeting. Moreover, the
court noted that Plaintiff had " acknowledged
in her deposition that
the officials did not intend to cause
her to hyperventilate or to have a
panic attack. " The federal appeals
court, therefore, held Plaintiff " cannot
prevail on her claim that they intentionally
or recklessly caused her
severe emotional distress. "
Conclusion
Having rejected Plaintiff's claims
under federal and state law, the
federal appeals court affirmed the
summary judgment of the federal
district court in favor of Defendant
City of Carrollton and the individual
defendant city officials.
James C. Kozlowski, J.D., Ph.D., is an Attorney and Associate
Professor in the School of Sport, Recreation and Tourism
Management at George Mason University (jkozlows@gmu.
edu). Law review articles archive (1982 to present):
mason.gmu.edu/~jkozlows.
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September 2021 - Parks & Recreation

Table of Contents for the Digital Edition of September 2021 - Parks & Recreation

September 2021 - Parks & Recreation - Intro
September 2021 - Parks & Recreation - Cover1
September 2021 - Parks & Recreation - Cover2
September 2021 - Parks & Recreation - 1
September 2021 - Parks & Recreation - 2
September 2021 - Parks & Recreation - 3
September 2021 - Parks & Recreation - 4
September 2021 - Parks & Recreation - 5
September 2021 - Parks & Recreation - 6
September 2021 - Parks & Recreation - 6a
September 2021 - Parks & Recreation - 6b
September 2021 - Parks & Recreation - 7
September 2021 - Parks & Recreation - 8
September 2021 - Parks & Recreation - 9
September 2021 - Parks & Recreation - 10
September 2021 - Parks & Recreation - 11
September 2021 - Parks & Recreation - 12
September 2021 - Parks & Recreation - 13
September 2021 - Parks & Recreation - 14
September 2021 - Parks & Recreation - 15
September 2021 - Parks & Recreation - 16
September 2021 - Parks & Recreation - 17
September 2021 - Parks & Recreation - 18
September 2021 - Parks & Recreation - 19
September 2021 - Parks & Recreation - 20
September 2021 - Parks & Recreation - 21
September 2021 - Parks & Recreation - 22
September 2021 - Parks & Recreation - 23
September 2021 - Parks & Recreation - 24
September 2021 - Parks & Recreation - 25
September 2021 - Parks & Recreation - 26
September 2021 - Parks & Recreation - 27
September 2021 - Parks & Recreation - 28
September 2021 - Parks & Recreation - 29
September 2021 - Parks & Recreation - 30
September 2021 - Parks & Recreation - 31
September 2021 - Parks & Recreation - 32
September 2021 - Parks & Recreation - 33
September 2021 - Parks & Recreation - 34
September 2021 - Parks & Recreation - 35
September 2021 - Parks & Recreation - 36
September 2021 - Parks & Recreation - 37
September 2021 - Parks & Recreation - 38
September 2021 - Parks & Recreation - 39
September 2021 - Parks & Recreation - 40
September 2021 - Parks & Recreation - 41
September 2021 - Parks & Recreation - 42
September 2021 - Parks & Recreation - 43
September 2021 - Parks & Recreation - 44
September 2021 - Parks & Recreation - 45
September 2021 - Parks & Recreation - 46
September 2021 - Parks & Recreation - 47
September 2021 - Parks & Recreation - 48
September 2021 - Parks & Recreation - 49
September 2021 - Parks & Recreation - 50
September 2021 - Parks & Recreation - 51
September 2021 - Parks & Recreation - 52
September 2021 - Parks & Recreation - 53
September 2021 - Parks & Recreation - 54
September 2021 - Parks & Recreation - 55
September 2021 - Parks & Recreation - 56
September 2021 - Parks & Recreation - 57
September 2021 - Parks & Recreation - 58
September 2021 - Parks & Recreation - 59
September 2021 - Parks & Recreation - 60
September 2021 - Parks & Recreation - 61
September 2021 - Parks & Recreation - 62
September 2021 - Parks & Recreation - 63
September 2021 - Parks & Recreation - 64
September 2021 - Parks & Recreation - 65
September 2021 - Parks & Recreation - 66
September 2021 - Parks & Recreation - 67
September 2021 - Parks & Recreation - 68
September 2021 - Parks & Recreation - 69
September 2021 - Parks & Recreation - 70
September 2021 - Parks & Recreation - 71
September 2021 - Parks & Recreation - 72
September 2021 - Parks & Recreation - Cover3
September 2021 - Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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