Monday, December 12, 2011

WORKPLACE BULLYING OR HARASSMENT

The Healthy Workplace Bill is being proposed because federal and state laws do not cover "workplace bullying" per se. For example, in BORSKI v. STATEN ISLAND RAPID TRANSIT, 413 Fed.Appx. 409 (2nd Cir. 2011):

"In this, case, it would have been futile for the district court to permit Borski to raise his hostile work environment claim because workplace bullying, such as the behavior exhibited by Borski's colleagues in this case, does not constitute discrimination merely because it contains "sexual content or connotations." Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 80, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998). Instead, a plaintiff must demonstrate that the offending conduct occurred because of his membership in a protected class. Alfano v. Costello, 294 F.3d 365, 374 (2d Cir. 2002). While Borski was often the target of ridicule, the record reveals no evidence whatsoever that he was targeted because of his sex. Without such evidence, his discrimination claim would necessarily have failed. See Brown v. Henderson, 257 F.3d 246, 255-56 (2d Cir. 2001). We therefore conclude that the district court properly denied Borski's crossmotion to amend his complaint."

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