An essential element of the cause of action is that the employer knew, or should have known, of the employee's propensity for the sort of conduct that caused the injury. Here, defendant's knowledge of the employee's criminal history does not raise an issue of fact as to whether the defendant knew or should have known of her propensity to commit sexual assault. Similarly, the fact that one of defendant's supervisors confronted the employee concerning her "nodding out" and missing work did not impute to defendant actual or constructive notice that the employee had any propensity to commit sexual assault. The claim was dismissed.
Norris v. Innovative Health Sys., Inc., NY Slip Op 03456 (1st Dep't June 18, 2020)
Here is the decision.
