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Member, Beacon International Group, Ltd.
An emergency medical technician working for a Yonkers, New York-based ambulance service was allegedly subjected to unwanted sexual overtures by a company dispatcher while on the job, according to an Aug. 29 ruling by the 2nd U.S. Circuit Court of Appeals in New York in Andrea Vasquez v. Empress Ambulance Service Inc.
Ms. Vasquez promptly complained about her co-worker’s conduct and was assured by supervisors her complaint would be investigated.
However, the accused co-worker learned of the complaint and allegedly manufactured evidence indicating Ms. Vazquez had eagerly participated in a sexual relationship with him, according to court records.
Supervisors believed the false documentation and refused to let Ms. Vasquez present contrary evidence, and she was fired, according to the ruling.
Ms. Vasquez filed suit under Title VII of the Civil Rights Act of 1964 and state law, charging she had been wrongfully terminated in retaliation for complaining of sexual harassment.
The U.S. District Court in New York dismissed the case on the grounds the co-worker’s retaliatory intent could not be imputed to Empress.
In overturning that ruling, a unanimous three-judge panel of the 2nd Circuit ruled that the U.S. Supreme Court’s 2011 ruling in Vincent E. Staub v. Proctor Hospital, which held an employer can be held liable for a supervisor’s retaliatory intent, could be extended to apply to lower-level employees as well.
“Empress’ own negligence provides an independent basis” to hold the company accountable for the employee’s unlawful intent, the ruling said.
But an employer who “non-negligently and in good faith” relies on a false report cannot be held liable, the ruling added.