Sexual Harassment and Sexual Assault Injury in the Workplace: Paths to Recovery in and Outside of Workers’ Compensation

April 19, 2023 Published Works
American Bar Association

Verrill counsel Elizabeth Connellan Smith recently co-authored “Sexual Harassment And Sexual Assault Injury In The Workplace: Paths To Recovery In And Outside Of Workers’ Compensation” for the American Bar Association Law Journal. This journal article discusses how sexual harassment and sexual assault injuries occurring in the workplace are addressed across the country through review of worker’s compensation statutory systems and exclusivity of workplace injury claims. ‘Sexual harassment and sexual assault are intentional torts that present unique legal questions for courts to consider.’ Included are (1) states with an explicit exemption for sexual harassment and sexual assault in the statute as well as (2) states where there are not one but an explicit exemption for another cause of action that includes elements of sexual harassment or sexual assault and as (3) states responding under Civil Rights Acts. Also examined in this article are (4) states where sexual harassment and sexual assault are not compensable under the Workers’ Compensation Statute and (5) states where the Workers’ Compensation Statute is the only means of recovery for sexual assault and sexual harassment injuries. This article is meant to serves a reminder for practitioners to review various available claims and defenses as different statutes of limitations apply in various forums.

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