B.C. v. Steak N Shake Operations, Inc.

In this case, we must decide whether a plaintiffs remedy in a sexual assault case against her employer arises exclusively within the statutory sexual harassment framework found in the Texas Commission on Human Rights Act (TCHRA) or whether the plaintiff can bring a separate common law claim for assault. The court of appeals held that the TCHRA provides the exclusive remedy for sexual harassment. 461 S.W.3d 928, 930 (Tex. App.-Dallas 2015, pet. granted). We hold that where the gravamen of a plaintiffs claim is not harassment, but rather assault, as it is here, the TCHRA does not preempt the…