NEW YORK UNEMPLOYMENT INSURANCE - MISCONDUCT - SEXUAL HARASSMENT

In Mailed and Filed: MARCH 16, 2012 IN THE MATTER OF: Appeal Board No. 560534, these were the allegations of sexual harassment:

"In the last week of November 2010, the employer commenced an investigation into asexual harassment complaint against the claimant. On December 7, 2010, the claimant sent numerous text messages to one of the clinicians, a subordinate on his team, from 9:46 P.M. until 11:00 P.M. about rumors related to a complaint of sexual harassment against the claimant that this same clinician had brought, or was thinking of bringing, to the employer's attention.

On or about December 17, 2010, the claimant placed a picture of himself and another clinician who was a subordinate on his team on his desk top computer as a screen saver. The picture was taken at the employer's Christmas party and shows the clinician with her leg wrapped around the claimant. The computer screen was visible only when seated behind the claimant's desk and the claimant took the picture off the computer the next day."

The Appeal Board held that there was no evidence of misconduct:

"...the substance of the texts was not offensive. The credible evidence further establishes that the claimant placed the picture from the Christmas party on his computer as a screen saver for one day on or about December 17, 2010, and that the claimant's computer screen was visible only when seated behind the claimant's desk."