Professor Gonzalez argues that the legal analysis for determining whether a state antidiscrimination statute preempts common law tort claims based on employment discrimination or discriminatory harassment should depend on the type of common law tort in question. It identifies separate categories of common law torts, each of which is given different treatment. Torts that have an existence separate and apart from employment discrimination are not impliedly preempted by the mere presence of a state antidiscrimination statute. Torts that do not have an existence separate and apart from employment discrimination are impliedly preempted if they have no recognition under a state’s common law prior to the enactment of the state antidiscrimination statute. Recognized common law wrongful discharge torts that exist prior to the enactment of a state antidiscrimination statute are not impliedly preempted.