DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bruner v. Yellowstone County, 272 Mont. 261 (1995)

Citation
Bruner v. Yellowstone County, 272 Mont. 261 (1995)
Parent Document
Bruner v. Yellowstone County, 272 Mont. 261 (1995)
Jurisdiction
Montana (state)
Effective Date
1995-08-03
Original Source
https://www.courtlistener.com/opinion/883592/bruner-v-yellowstone-county/ ↗

Other Sections in This Document (227)

Full Text

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The District Court in the case at hand, found that Bruner’s claim for negligent retention was founded in unrelenting sexual harassment during her employment and that the exclusive remedy for this type of conduct (sexual harassment) is found in the Montana Human Rights Act. I disagree. Exclusivity only applies if the two remedies share indispensable elements. Sexual harassment under the HRA and negligent retention do not share indispensable elements. The HRA requires proof of discrimination. The tort of negligent retention does not.