While it’s always unacceptable, just because a man hits a female co-worker doesn’t mean she has a sex discrimination or harassment case.
Recent case: Maxie, a police officer, approached a male co-worker at his desk and reached to pick up his glasses case. He slapped her after telling her not to touch his things. The slap was captured on video.
Maxie complained and the co-worker was eventually charged with assault. Meanwhile, Maxie sued, alleging sex discrimination and harassment.
But she couldn’t tie the slap to her status as a woman. The court noted that this wasn’t a case in which a woman turned down a sexual advance and was slapped. Rather, the slap seemed entirely unrelated to her gender. The case was dismissed. (James v. New York City Health, et al., No. 12-CV-8762, SD NY, 2014)