FKB represented a physical therapy practice in a case alleging sexual assault and discrimination by a formerly employed physical therapy assistant.  Plaintiff’s counsel argued that FKB’s client was strictly liable for an alleged sexual assault committed by the physical therapy assistant.  Plaintiff’s counsel specifically alleged that under the New York City Human Rights law, (Title 8 of the New York City Administrative Code), an employer is strictly liable for any acts of discrimination committed by its employees.

FKB was able to successfully argue that an alleged sexual assault does not constitute discrimination that falls under the protections of the NYCHRL.  The Court granted FKB’s motion for summary judgment and dismissed this cause of action.

This is a significant development in the discrimination field of law, as many plaintiff’s firms are attempting to categorize sexual assault as a form of “discrimination” and thereby circumvent the long line of case law that holds that an employer cannot be held liable for an employee’s sexual assault without a showing of actual or constructive notice of the employee’s propensity to conduct such actions or a showing that the actions were in furtherance of the employer’s business.