If a female employee is assaulted and harassed, can she sue for assault or for sexual discrimination or both? According to the Waffle House, Inc. v. Wiliams, 313 S.W.3d 796 (Tex. 2010) decision, she would have to sue under the Texas Commission for Human Rights Act for discrimination. Limiting the female employee to sex
Waffle House
Texas Supreme Court to Hear Sexual Assault Case
By Thomas J. Crane on
Posted in Discrimination
The Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex. 2010), decision was issued a few years ago. In that decision, the Texas Supreme Court decided that a lawsuit based on a tort claim of sexual assault was actually subsumed by the Texas Commission on Human Rights Act. I wrote about that decision here…
Texas Supremes Are At It Again
By Thomas J. Crane on
Posted in Discrimination
Sigh, our Texas Supreme Court is at it again. In a recent decision, the Court conflated personal injury claims with sexual harassment and other froms of discrimination. See Waffle House, Inc. v. Williams. The Court found that claims based on assault and negligent supervision are preempted by the Texas Commission on Human Rights Act. The…