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State Anti-Discrimination Statutes And Implied Preemption Of Common Law Torts: Valuing The Common Law, Jarod S. Gonzalez

Jarod S. Gonzalez

Many states have their own antidiscrimination statute that, like federal law, prohibits discrimination in employment because of prohibited characteristics such as race, sex, age, religion, national origin, and disability. In certain cases, a particular set of facts involving sexual, racial, or disability harassment could satisfy the required elements of a state common law tort and a state statutory antidiscrimination claim. It benefits the aggrieved plaintiff to pursue both a common law tort action and a state statutory discrimination action against the employer when the common law tort provides for greater remedies, as is sometimes the case. But when a common …