Berkeley Journal of Employment and Labor Law
The phenomenon of the "tortification" of employment law involves the consideration and importation of common-law tort principles when interpreting statutory anti-discrimination law. This Article explores the other side of the coin: the “statutification” of tort law as it applies to the workplace. State courts have only infrequently partaken in this enterprise, even in situations in which the two areas of law involve similar issues. This Article suggests that at least some limited form of statutification of tort law as it pertains to the workplace might be useful.
Long, Alex B., The Statutification of Tort Law Involving the Workplace (September 16, 2021). Berkeley Journal of Employment and Labor Law, Vol. 42, No. 2, 2021, University of Tennessee Legal Studies Research Paper No. 427, Available at SSRN: https://ssrn.com/abstract=3925262