DaPonte v. Ocean State Job Lot, Inc.

Summary

The Supreme Court of Rhode Island considered whether an employer's forceful placement of a price sticker on an employee's shoulder constituted an unreasonable intrusion upon physical solitude or seclusion under Rhode Island's privacy statute, G.L. 1956 § 9-1-28.1(a)(1). The court held that the touching occurred in a public workplace, involved a fleeting and nonsexual contact with an outer garment, and did not invade something entitled to privacy or expected to be private. The court affirmed dismissal of the employee's privacy and respondeat superior claims.

Holdings

1. A brief, nonsexual touching of an employee's outer garment on the shoulder in a public business work area does not constitute an actionable invasion of physical solitude or seclusion under G.L. 1956 § 9-1-28.1(a)(1), even if the touching is offensive and unconsented.
2. The trial justice did not overlook or misconceive material evidence and was not clearly wrong in determining that the conduct was not actionable under the privacy statute.

Questions Presented

1. Whether forcefully placing a price sticker without consent on an employee's shoulder in a public retail workplace constitutes an unreasonable intrusion upon physical solitude or seclusion actionable under G.L. 1956 § 9-1-28.1(a)(1).
2. Whether the trial justice overlooked or misconceived material evidence or was clearly wrong in dismissing the statutory privacy claim.

Disposition

affirmed