461 S.W.3d 928
Tex. App.2015Background
- B.C., a Steak N Shake associate, sues for assault, sexual assault, and related claims after an alleged incident with a supervisor in October 2011 in the employee restroom.
- B.C. alleged the supervisor exposed himself, used force, and engaged in unwanted touching; she reported it but claims Steak N Shake failed to properly investigate.
- Steak N Shake moved for summary judgment, arguing the common-law claims were barred by the Texas Commission on Human Rights Act (TCHRA).
- The trial court granted summary judgment on multiple grounds, but on appeal B.C. challenges only the assault claim.
- The court analyzes whether the gravamen of the claim is TCHRA-covered harassment and concludes the assault claim is precluded by TCHRA; the judgment is affirmed.
- Only the assault claim is at issue on appeal; other claims are not addressed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TCHRA precludes the assault claim. | B.C. contends TCHRA does not apply to single sexual assault. | Steak N Shake argues the gravamen is sexual harassment under TCHRA, precluding common-law assault. | Yes; assault claim precluded by TCHRA. |
Key Cases Cited
- Waffle House, Inc. v. Williams, 313 S.W.3d 796 (Tex.2010) (gravamen of harassment forecloses common-law theories)
- Provident Life & Accident Ins. Co. v. Knott, 128 S.W.3d 211 (Tex.2003) (summary-judgment framework and preserved theories)
- City of Lorena v. BMTP Holdings, L.P., 409 S.W.3d 634 (Tex.2013) (de novo review of summary judgment when basis not specified)