In Figueroa v. New York State Div. of Human Rights, No. 15-01941, 2016 WL 5509917 (N.Y. App. Div. Sept. 30, 2016), the court determined that the NYS Division of Human Rights correctly dismissed complaints alleging sexual harassment and retaliation.
From the decision:
[W]e agree with the District that substantial evidence supports the determination of the Division that the District is not liable for the coworker’s discriminatory conduct. Under the Human Rights Law, an ‘employer cannot be held liable for an employee’s discriminatory act[s] unless the employer became a party to [them] by encouraging, condoning, or approving [them]. Petitioners failed to establish that the District became a party to the discriminatory conduct. Rather, the record establishes that [the District] ‘reasonably investigated complaints of discriminatory conduct and took corrective action.