Kerans v. Porter Paint Co.

I am in sympathy with the majority in its attempt to benefit individuals who have been victimized by some form of sex-based harassment; however, I cannot join the majority in its creation of a new tort against an employer which has no foundation in common law.

As a threshold to this discussion, I should point out that the majority has failed to define what conduct constitutes a cause of action for “sexual harassment.” Thus, I am unable to discern what elements constitute a cause of action for this new tort.4

*497I

Common-Law Remedies

The majority states that “there is no legitimate policy reason for…