Court Upholds State Division Findling of Hostile Work Environment Sexual Harassment

From Matter of Stellar Dental Mgt. LLC v. New York State Div. of Human Rights, 2018 NY Slip Op 04483 (App. Div. 4th Dept. June 15, 2018):

We conclude that there is substantial evidence to support the determination that petitioner discriminated against each complainant by subjecting her to a sexually hostile work environment (see Matter of Father Belle Community Ctr. v New York State Div. of Human Rights, 221 AD2d 44, 51 [4th Dept 1996], lv denied 89 NY2d 809 [1997]; see also Vitale v Rosina Food Prods., 283 AD2d 141, 143 [4th Dept 2001]). At the hearing, each complainant testified that she was subjected to severe and pervasive sexualized comments and unwanted touching in the workplace, and that she reported that behavior to management but her complaints were ignored. Although petitioner’s witnesses denied receiving reports of harassment, ” we cannot say that the testimony found credible by [the ALJ] was incredible as a matter of law’ ” (Matter of Maye v Dwyer, 295 AD2d 890, 890 [4th Dept 2002], appeal dismissed 98 NY2d 764 [2002]). To the extent that complainants’ testimony conflicted with petitioner’s proof, such conflict presented issues of credibility that were for the ALJ to resolve (see Scheuneman, 147 AD3d at 1524).

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