Kerans v. Porter Paint Co.

Kerans v. Porter Paint Co.
Seal of the Supreme Court of Ohio
CourtSupreme Court of Ohio
Full case nameKerans et al. v. Porter Paint Company
DecidedAugust 21, 1991
Citation(s)575 N.E.2d 428 (OH 1991)
61 Ohio St.3d 486
Transcript(s)[1]
Case history
Prior action(s)Appeal from summary judgment for defendant
Holding
An employer has a duty to provide a safe work environment and may be liable for an employee's sexual harassment that it knew or should have known about.
Court membership
Judge(s) sittingThomas J. Moyer, Alice Robie Resnick, A. William Sweeney, Andrew Douglas, Herbert R. Brown, Robert E. Holmes, J. Craig Wright
Case opinions
Majority by Resnick
Dissent by Moyer

Kerans v. Porter Paint Co.[1] was a leading case in Ohio on employer liability for workplace sexual harassment. In an opinion by Alice Robie Resnick, the court held that victims of harassment could bring tort claims against their employers. Resnick held that the psychological and emotional damages suffered by victims of harassment were not injuries under Ohio's workers' compensation statute, and employers were vicariously liable for the sexual harassment of their employees when they knew or should have known about the harassment.

Notes

  1. ^ 61 Ohio St.3d 486, 575 N.E.2d 428 (OH 1991)

External links

  • Case Note: Sexual Harassment Claims and Ohio's Workers' Compensation Statute, 61 U. Cin. L. Rev. 1515
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Intentional Torts
Assault & Battery
Abuse of process
intentional infliction of emotional distress
Trespass to land & Trespass to chattels
Conversion
Privacy, Publicity rights
Tortious interference
Defamation
Negligence
Duty of care
Medical malpractice
Wrongful death, Loss of consortium
Common employment
Public Authority, Fireman's rule, Negligence per se
Causation
Negligent infliction of emotional distress
Nuisance
Public
Private
Strict liability
Ultrahazardous activity
Product liability
Damages
Joint and several liability
Comparative negligence
Punitive damages


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