ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

August 15, 2011

Employee dismissed for alleged sexual harassment disqualified for unemployment insurance benefits Matter of Ferro, 283 AD2d 828


Employee dismissed for alleged sexual harassment disqualified for unemployment insurance benefits
Matter of Ferro, 283 AD2d 828


The Ferro decision demonstrates that engaging in sexual harassment will disqualify an employee for unemployment insurance benefits if he or she is terminated as a result of such misconduct.

Albert J. Ferro was dismissed from his position for allegedly violating his employer's policy prohibiting sexual harassment. According to the decision, a witness testified that he had observed Ferro, a management trainee, grab a female employee from behind and then acted in a sexual manner. This resulted in Ferro being fired from his position.

Ferro's application for unemployment insurance benefits was rejected. The Unemployment Insurance Appeals Board ruled that Ferro was ineligible for unemployment insurance benefits because his employment was terminated due to his misconduct. The Appellate Division, Third Department, sustained the Board's determination. The court pointed out that “offensive behavior in the workplace can constitute disqualifying misconduct ... as can conduct that is detrimental to the employer's interest.”

The rationale underlying the ruling: employers may be held “vicariously liable” as the result of the sexual harassment of subordinates by its management employees. Accordingly, such misconduct “is detrimental to the employer's interests.”

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
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. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com