Title VII does not bar the selection of an individual because of the individual’s personal relationship with the appointing authority
Fella v County of Rockland, 297 A.D.2d 813
According to the court's decision, the Rockland County Director of Employee Rights and Equity Compliance concluded that Rockland County Commissioner of Hospitals Peter T. Fella had created a hostile work environment by promoting a person with whom he was then having a romantic relationship to a vacant assistant director of nursing position.*
The Director had determined that Fella violated the County's Equal Employment Opportunity Policy [EEOP] because some employees said that they felt uncomfortable at work because Fella had this "romantic relationship" with a co-employee. This, said the Director, constituted a hostile work environment and, as such, violated the EEOP.
As a result, C. Scott Vanderhoef, County Executive of the County of Rockland, suspended Fella from his position without pay for a period of 30 days.
Supreme Court vacated the County Executive's action and the Appellate Division sustained the lower court's ruling.
In its decision the Appellate Division noted that the County's EEOP defined sexual harassment as "unwelcome sexual advances, requests for sexual favors, sexual demands or conduct of a sexual nature which `had the purpose or affect [sic] of unreasonably interfering with an [affected] person's work performance or creating an intimidating, hostile or offensive work environment.'"
Citing DeCinto v Westchester County Medical Center, 807 F2d 304, the court explained that there is no sexual discrimination or harassment involved "where the conduct complained of by the employee involves an isolated act of preferential treatment of another employee due to a romantic, consensual relationship." Accordingly, said the court, the County Executive's finding that Fella created a hostile work environment in violation of the EEOP was arbitrary, capricious, and without a rational basis, and was therefore properly annulled but the Supreme Court.
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NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
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New York Public Personnel Law.
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