Harassment As A Tort

Workplace sexual harassment has too readily been conceptualized as discrimination by employers with liability so directed. It should instead be conceptualized as tortious emotional assault by the harasser with liability so directed. Prominent points include: !) the awkwardness of conceptualizing harassment as discrimination in typical cases; 2) suits directed at culprits properly channel sanctions and deterrence; 3) employer liability entails dubious attribution of wrongful behavior from perpetrator to firm; 4) employer anti-harrasment duty is burdensome and generates negative side effects.