In a short, straight-forward opinion, the Dallas Court of Appeals recently held that a common-law claim for assault is precluded by the Texas Commission on Human Rights Act. Here, the plaintiff alleged that a supervisor engaged in various sexual related conduct against her at work, including unwanted force and touching. The defendant moved for summary judgment on the basis that the TCHRA barred the claims. The trial court agreed and granted summary judgment. On appeal, the only issue was whether the TCHRA barred plaintiff’s claim for assault. The court of appeals first cited the Texas Supreme Court’s opinion in Waffle House v. Williams for the proposition that the TCHRA "forecloses common-law theories predicated on the same underlying sexual-harassment facts." Next the Court agreed with a federal district court case holding that unwelcome and offensive touching constituted both sexual harassment and assault. The Court concluded "[b]ecause the gravamen of [plaintiff’s] complaint against [defendant] is sexual harassment/sexual assault committed by her supervisor. . .her common law claim is precluded by the Act." Consequently, the Court affirmed the trial court’s summary judgment for the defendant. The Court’s opinion in B.C. v. Steak N Shake Operations, Inc. can be found here.