Fourth Department – Quid quo pro sexual harassment: Bell v. Long

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Quid quo pro sexual harassment — Long-term relationship — Retaliation

Bell v. Long

TP 25-00684

Transferred from Supreme Court, Erie County

Background: The petitioner sought to annul the determination of the respondent New York State Division of Human Rights dismissing her complaint of quid quo pro sexual harassment.

Ruling: The Appellate Division confirmed. The court held that the determination was supported by substantial evidence. The court noted that although the evidence supported a sexual relationship, the relationship predated the petitioner’s complaint by a number of years, and it was entirely consensual, and that it was unrelated to the petitioner’s employment. Furthermore, the respondent provided a nondiscriminatory reason for its refusal to promote the petitioner, noting her lower scores during the interview process and her workplace performance.

Harvey P. Sanders, of Sanders & Sanders, for the petitioner; Joshua Feinstein, of Hodgson Russ, for the respondents.

Submitted