Well, maybe they shouldn’t be able to sue under worker laws, but there should be general laws that protect them. After all, if you grope someone on the street, charges can be pressed (third degree sexual assault, for example). And, in many states, it is worse when it is under color of authority.
Maybe the problem here was poor legal pleading, not the law or the judge.
I was thinking same thing. seems she could charge him with assault?