B.C. v. Steak N Shake Operations, Inc. (Opinion)Annotate this Case
Plaintiff filed a complaint against her former employer (Defendant), claiming assault, sexual assault, and battery, among other causes of action. Defendant moved for summary judgment on all claims, arguing, in part, that the Texas Commission on Human Rights Act’s (TCHRA) statutory cause of action preempted Plaintiff’s common law claims. The trial court granted the motion without providing a basis for its ruling. Plaintiff appealed only the trial court’s ruling on her assault claim against Defendant. The court of appeals affirmed on the ground that the TCHRA preempted Plaintiff’s assault claim. The Supreme Court reversed, holding (1) where the gravamen of a plaintiff’s claim is not harassment, but rather, assault, the TCHRA does not preempt the plaintiff’s common law assault claim; and (2) because the gravamen of Plaintiff’s complaint in this case was assault, Defendant did not establish, as a matter of law, that Plaintiff’s claim was preempted by the TCHRA. Remanded.