Charles Travis, Plaintiff Below v. Alcon Laboratories, Inc., Defendant Below

Summary

The court reformulated and answered four certified questions concerning the tort of intentional or reckless infliction of emotional distress in the employment context, employer responsibility for supervisory misconduct, accrual of the limitations period, and public policy under the Human Rights Act. It adopted a four-element tort test, held that employers may be liable for supervisors' outrageous conduct or for causing, contributing to, or acquiescing in it, and held that the limitations period begins with the last outrageous act precipitating termination. The court rejected the asserted general Human Rights Act public policy against workplace harassment unrelated to protected-class discrimination.