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Full-Text Articles in Law
Using The Iied Tort To Address Discrimination And Retaliation In The Workplace, Alex B. Long
Using The Iied Tort To Address Discrimination And Retaliation In The Workplace, Alex B. Long
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Citing the need to preserve managerial discretion, courts frequently espouse the need to adopt an “especially strict approach” in cases of intentional infliction of emotional distress (IIED) in the workplace. As a result, the IIED tort currently has a limited role to play in the fight against workplace discrimination and harassment. At the same time, a few courts – almost undetected in the literature on the subject - have recognized that one form of employer conduct may merit special treatment when assessing an IIED claim against an employer. According to these courts, the fact that an employer has engaged in …
A Tribute To Professor Catherine Mahern, Lawrence Raful
A Tribute To Professor Catherine Mahern, Lawrence Raful
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No abstract provided.
The Statutification Of Tort Law Involving The Workplace, Alex B. Long
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.