August 13, 2008

Employment Law.

Practice point: In stating a claim of vicarious liability, a plaintiff must demonstrate that the employer had knowledge of, and acquiesced in or condoned, the discriminatory conduct. An employer’s failure to act is the same as affirmative conduct.

Case: Bianco v. Flushing Hospital Med. Ctr., NY Slip Op 06542 (2d Dept. 2008)

Click here for the opinion.