Don’t try this at work. … The Utah Supreme Court overruled a lower court which had found that an employer’s use of water boarding did not amount to Intentional Infliction of Emotional Distress. See report. On a work retreat, the employer had employees hold down another employee while a supervisor water boarded the employee – he poured water over his nose and mouth. This was said to be part of a "motivational exercise."
The decision by the Utah Supreme Court allowed the suit to go forward. Intentional Infliction of Emotional Distress, at least here in Texas, is a difficult case to prosecute. Clients always tell me how bad they were treated at work. I usually tell them, yea, but that most courts would not find that to be significant enough emotional distress. Or, more often, the treatment is not bad enough. Mere rudeness or incivility is not enough. Water boarding, however, is rude enough. Water boarding is not civil, despite what you may have heard in recent years. It also could well produce enough emotional distress…….