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B.C. v. Steak ‘n Shake Operations, Inc.

Articles Discussing Case:

Blurred Lines: Texas Supreme Court Applies Hazy Distinction Between Workplace Harassment And Assault

Fisher Phillips • March 06, 2017
The Texas Supreme Court recently blurred the distinctions between harassment and assault claims as they apply to employer liability under the state’s antidiscrimination statute. In considering whether a plaintiff is required to expressly plead a state law sexual harassment cause of action when bringing such a claim, the court said that plaintiffs need only bring a sexual assault tort claim – carrying with it no limitations on damages and no administrative exhaustion requirements – when the gravamen of the complaint is assault as opposed to harassment.