This Law Firm Publication by Fisher & Phillips LLP addresses B.C v. Steak and Shake Operations Inc., in which the Texas Supreme Court held that when the "gravamen" of a complaint is based upon assault and not harassment, the plaintiff's only responsibility is to bring a sexual assault tort claim. The court distinguished B.C from Waffle House, which established that a sexual harassment case falls within the jurisdiction of the Texas Commission on Human Rights Act (TCHRA). In Waffle House, the plaintiff alleged that her supervisor engaged in a pattern of harassment over a six-month period, culminating in sexual assault. In contrast, B.C experienced a single "egregious" violent sexual assault by her supervisor at work. The court reasoned that there was a big difference between a claim based on the harassment of a coworker, which is "exclusively" under the TCHRA's jurisdiction, and a plaintiff claiming the employer's vicarious liability based on her supervisor's alleged assault. The publication predicts that B.C. will confuse courts and embolden plaintiffs' attorneys to file assault cases to avoid administrative hurdles and the TCHRA's damages cap.