Looking to Torts: Exploring the Risks of Workplace Discrimination

Authors

Catherine E. Smith, Washington and Lee University School of LawFollow

Document Type

Article

Publication Title

Ohio State Law Journal

Publication Date

2014

Abstract

Tort law plays a powerful role in defining cognizable harms and allocating responsibility based on concepts of fault, individual and community interests, social values, morality, compensation, deterrence, and notions of fairness. So, the idea that it may serve as a source of guidance in employment discrimination law, and in particular, in one of the most intractable debates within employment discrimination jurisprudence--the requirement of discriminatory intent--is not "unreasonable." To shift from an intentional discrimination mindset to one focused on risks of discrimination will not be easy. Hopefully, this brief inquiry has offered some food for thought.

Recommended Citation

Catherine E. Smith, Looking to Torts: Exploring the Risks of Workplace Discrimination, 75 Ohio St. L.J. 1207 (2014).