Woman's Emotional Distress Not Barred By Sexual Harassment Claim
by
Joseph C. Maya on Apr. 28, 2017
Accident & Injury Personal Injury Employment Sexual Harassment Lawsuit & Dispute Lawsuit
Summary: Blog post about a woman who brought suit against her employer for claims of sexual harassment and emotional distress.
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In Chance v. Leno’s Lawn Serv., LLC, an employee sued her employer and manager on allegations that the manager manipulated, sexually assaulted, and abused her. The employee sued the manager for emotional distress as the result of sexual abuse she endured as a result of her employment. A claim for emotional distress alleges that the manager’s action inflicted mental pain and suffering on the employee. The employer moved to dismiss these charges, arguing that the claims for sexual harassment would address her alleged personal injury. Additional arguments were made for the timeliness of the employee's suit, because the alleged harassment had occurred when she was thirteen years old.
The court rejected the employer’s argument in its entirety. The court defined personal injury as an “invasion of a personal right, including mental suffering and false imprisonment.” A sexual harassment claim in employment disputes is an action to vindicate a personal right granted by law. This statutory right for sexual harassment and personal claim for emotional distress are not synonymous. Rather, they seek compensation in respect to a violation of both legal and personal rights. Therefore, the employer’s argument was “denied in its entirety.”
At Maya Murphy, P.C., our personal injury attorneys are dedicated to achieving the best results for individuals and their family members and loved ones whose daily lives have been disrupted by injury, whether caused by a motor vehicle or pedestrian accident, a slip and fall, medical malpractice, a defective product, or otherwise. Our attorneys are not afraid to aggressively pursue and litigate cases and have extensive experience litigating personal injury matters in both state and federal courts, and always with regard to the unique circumstances of our client and the injury he or she has sustained.
Please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: Chance v. Leno’s Lawn Serv., LCC, 2009 Conn. Super. LEXIS 2708 (Conn. Super. Ct. Oct. 14, 2009)
