A state appeals court has taken the rare step of vacating an arbitrator’s decision, finding that it was “fundamentally irrational” for him to rule that a city bus driver’s alleged comments to a female colleague, that he would “stay in bed all day” and “oil her down,” fell short of sexual harassment.

The unanimous Appellate Division, First Department, panel also strongly criticized the arbitrator’s ruling for “maligning” and “blaming” multiple harassment victims at the New York City Transit Authority and, as a result, “inappropriately shift[ing] the burden of addressing a hostile work environment onto the employee” victims.

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