Footnote 181

Statutory charges of discrimination are sometimes coupled with common law tort claims (e.g., intentional infliction of emotional distress) arising from same operative facts. These may be even harder to prove than discrimination. See, e.g., Howell v. N.Y. Post Co., Inc., 612 N.E.2d 699, 702 (N.Y. 1993) ("[O]f the intentional infliction of emotional distress claims considered by this Court, every one has failed because the alleged conduct was not sufficiently outrageous...."). They tend, therefore, to be secondary in importance.