Gottling v. P.R. Inc.
Utah Supreme Court
61 P.3d 989 (2002)
- Written by Kelsey Libby, JD
Facts
Toby Gottling (plaintiff) was employed by P.R. Incorporated (defendant). P.R. terminated Gottling’s employment because, according to Gottling, Gottling refused to have a sexual relationship with P.R.’s owner. The Utah Anti-Discrimination Act (UADA) provided a remedy for sexual harassment, among other forms of discrimination, but it only applied to employers with at least 15 employees, and P.R. had fewer than 15 employees. Thus, Gottling filed suit against P.R. asserting a common-law claim for termination in contravention of a clear and substantial public policy. Gottling urged the court to recognize a public policy against sex discrimination. P.R. asserted as an affirmative defense that Gottling’s cause of action was preempted by the UADA. The trial court granted summary judgment for Gottling on P.R.’s affirmative defense, and P.R. appealed.
Rule of Law
Issue
Holding and Reasoning (Howe, J.)
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