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Texas limits employee’s right to claim emotional distress

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in Discrimination and Harassment,Employment Law,Human Resources

Texas doesn’t allow so-called intentional infliction of emotional distress claims by employees when the underlying facts show the case is covered by employment laws that address bias.

That gives employees one less weapon to wield.

Recent case: DeCarlo Rice, who is black, was fired from his job with a home warranty company, which said he violated a company policy. He had been told that before processing claims, he had to log them into the computer system. The process was required by a court order. Rice ignored the rule twice and was fired after being warned once.

He sued, alleging race discrimination and intentional infliction of emotional distress.

The court dismissed both claims, noting that Texas law doesn’t allow employees to claim workplace discrimination and emotional distress. (Rice v. Kaufman, No. 4:08-CV-237,ND TX, 2009)

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