In Bianco v. Flushing Hospital Medical Center , while Janet Bianco worked at Flushing Hospital , Matthew Miller, an attending physician, is alleged to have sexually harassed her. Janet later filed a lawsuit against Miller and Flushing Hospital , claiming the medical institution was "vicariously liable for Miller's misconduct."
When the Queens County Supreme Court found Bianco was unable to show the hospital "acquiesced" to the conduct, her case against Flushing was dismissed.
On appeal, the Appellate Division, Second Department, noted an employer can be held responsible for an employee's "discriminatory act" if the misbehavior was encouraged, condoned, or approved. (When an employer fails to respond to an employee's complaint of discriminatory conduct, that can be a form of "approval" or "condonation.")
Since there were allegations the hospital's medical director knew of Miller's sexual harassment, but failed to take corrective action, the AD2 thought that was sufficient to trigger possible liability on the employer's behalf and ordered Flushing remain in the case.
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To download a copy of the Appellate Division's decision, please use this link: Bianco v. Flushing Hospital Medical Center