Negligence can’t stand in for discrimination in N.Y. — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Negligence can’t stand in for discrimination in N.Y.

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in Discrimination and Harassment,Human Resources

Clever lawyers are always looking for ways to reach deeper into employer pockets. One tactic has been to add state negligence claims to run-of-the-mill discrimination cases.

That won’t work anymore, at least as far as negligent hiring, supervision and retention claims are concerned.

Recent case: Lisa worked as a nurse’s aide and complained that she was sexually harassed at work for several years. She claimed that the harasser also tormented others, both patients and co-workers but that complaining did no good. She sued, alleging sexual harassment as well as negligent hiring, supervision and retention based on management ignoring her complaints.

The court said negligence claims are exclusively workers’ compensation claims and can’t be added to ordinary discrimination and harassment lawsuits. (Gomez v. North Shore Long Island Jewish Health System, et al., No. 13-CV-2394, ED NY, 2014)

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