Thursday, June 7, 2012

NEW YORK UNEMPLOYMENT INSURANCE - MISCONDUCT - SEXUAL HARASSMENT

Two more Appeal Board cases where sexual harassment was not found:

Mailed and Filed: JULY 28, 2011 IN THE MATTER OF: Appeal Board No. 554358

"Accordingly, we conclude that although the claimant's personal involvement with a co-worker may have been ill-advised, and while he may have demonstrated poor judgment by raising questions about the work ethics of the co-worker to her supervisors, the claimant's behavior fell short of sexual harassment and does not rise to the level of misconduct for purposes of Unemployment Insurance."

Mailed and Filed: DECEMBER 09, 2008 IN THE MATTER OF: Appeal Board No. 542117

"In any event, not all physical contact between male and female coworkers amounts to sexual harassment. The testimony of the manager that the female coworker's complaint to him indicated she did not want to be touched is insufficient."

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