A unanimous state appeals panel has reinstated a sex discrimination lawsuit over lewd emails and comments a doctor sent to his employees, rejecting a lower court’s finding that the doctor’s conduct was not severe or pervasive and that much of it was equally offensive to men and women.
Justice Angela Mazzarelli (See Profile) of the Appellate Division, First Department, wrote in Hernandez v. Kaisman, 104989/07, that the employees’ case could go forward under the New York City Human Rights Law, though she agreed with Manhattan Supreme Court Justice Debra James (See Profile) that it would not go forward under the State Human Rights Law.
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