Texas Supreme Court Upholds Right of Employee to Sue for Sexual Assault!



In October 2011, a female associate at the Frisco, Texas Steak N Shake restaurant was allegedly sexually assaulted by her supervisor. She subsequently filed a common law assault claim arguing Steak N Shake was responsible for the misconduct of a vice principal. There are many likely reasons why Steak N Shake was not also sued under the Texas Commission on Human Rights Act (“TCHRA”), which prohibits gender discrimination in employment. Chief among these likely reasons was the $300,000 maximum damage cap imposed by the TCHRA, which does not exist as to common law assault claims.

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