NEW YORK UNEMPLOYMENT INSURANCE - MISCONDUCT - SEXUAL HARASSMENT

Recently, the Appeal Board was faced with a clear example of sexual harassment - in this case it appeared to be same sex harassment:

"Mailed and Filed: MAY 21, 2012

IN THE MATTER OF: Appeal Board No. 562722

.....The findings of fact and the opinion of the Administrative Law Judge are fully supported by the record and,therefore, are adopted as the findings of fact and the opinion of the Board, except we further note the claimant intentionally and inappropriately touched her co-worker's breast in violation of the employer's harassment policy and intentionally continued to touch the co-worker inappropriately after the co-worker indicated the claimant's actions were sexual harassment; and therefore, the claimant's actions rise to the level of misconduct."