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2021

Tort

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The Statutification Of Tort Law Involving The Workplace, Alex B. Long Jan 2021

The Statutification Of Tort Law Involving The Workplace, Alex B. Long

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The phenomenon of the "tortification" of employment law involves the consideration and importation of common-law tort principles when interpreting statutory anti-discrimination law. This Article explores the other side of the coin: the “statutification” of tort law as it applies to the workplace. State courts have only infrequently partaken in this enterprise, even in situations in which the two areas of law involve similar issues. This Article suggests that at least some limited form of statutification of tort law as it pertains to the workplace might be useful.