MATTER OF KESSLER


40 A.D.3d 1236 (2007)

836 N.Y.S.2d 324

In the Matter of the Claim of TARA M. KESSLER, Appellant. COMMISSIONER OF LABOR, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 10, 2007.


Claimant, an inventory clerk, worked for the employer for a little over two years. Following complaints of sexual harassment in the workplace by her and a coworker, the employer circulated a memorandum barring certain activities, including displaying items of a personal nature in the work area. Thereafter, claimant was reprimanded for having a personalized screen saver on her computer as well as for being late. In response, she became upset and abruptly left her work area...

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