Sexual harassment under workers' compensation law

Article Abstract:

Workers' compensation law should be made statutorily inapplicable to sexual harassment claims in order to facilitate tort suits based on this claim. Employers trying to limit liability for sexual harassment generally argue that the workers' compensation law's exclusivity provisions bar a sexual harassment claim. Courts which reject this employer defense have stated, however, that sexual harassment does not meet workers' compensation requirements, of being accidental and arising out of the job, and that employers aware of such conduct but failing to take corrective measures are liable in tort.

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Sexual harassment and workers' compensation

Article Abstract:

The treatment of sexual harassment claims as workers' compensation requires the clarification of the relationship between the two issues and the resolution of questions, such as are civil remedies limited by the workers' compensation claim. Problems include how sexual harassment is considered part of the normal employer-employee relationship, how psychological claims are approached and does workers' compensation provide a reasonable remedy. However, advantages to this approach include a more reliable outcome.

Sexual Harassment, United States

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Corporate and industrial hazing: barbarism and the law

Article Abstract:

Remedies for corporate hazing should be sought in the areas of tort and workers' compensation law. Tort law requires that an injury be intentionally inflicted in order to be compensable. Workers' compensation claims must be for injuries arising 'out of and in the course of employment.' The consent defense should be abrogated, but this has only happened in six states. Hazing injuries can be both mental and physical. Such injuries should be compensable at a level between horseplay and assault.

Intentional torts, Hazing

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