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Dissenting.pdf

2010-06-11.oneill.pdf

🔗 Source: docs.texasappellate.com

📊 Size: 68 KB

👤 Author: Justice Harriet O'Neill diseent

⬇️ Downloads: 36

Summary

The Texas Supreme Court is deciding whether an employee can maintain both a statutory cause of action for sexual harassment under the Texas Commission on Human Rights Act (TCHRA) and a common law claim for negligent supervision stemming from a co-worker's assault. The court concludes that the TCHRA is the exclusive remedy for sexual harassment in the workplace, preempting the negligent-supervision claim. However, Justice O'Neill dissents, arguing that while the TCHRA preempts negligent-supervision claims based on harassment, it does not preempt assault-based claims, and that a victim of assault should not be denied common law redress for injury caused by the assault, even if the perpetrator also sexually harassed the victim.

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Description

The Texas Supreme Court is deciding whether an employee can maintain both a statutory cause of action for sexual harassment under the Texas Commission on Human...

Technical Information

File Format: PDF
File Size: 68 KB
Pages: 7
Language: EN
Author: Justice Harriet O'Neill diseent
Total Downloads: 36
Last Updated: 4 weeks ago

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