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Labor & Employment Law

: New York Public Personnel Law

Termination of employment recommended for employee found guilty of harassment of fellow employee based on co-worker?s religion

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Termination of employment recommended for employee found guilty of harassment of fellow employee based on co-worker?s religion
Dep't of Parks & Recreation v. Mullusky, OATH Index No. 2041/09

Administrative Law Judge John Spooner found that park worker Chris Mullusky had harassed and mistreated a Jewish co-worker because of the co-worker?s religion in violation of the City's Equal Employment Opportunity policy.

Mullusky had displayed swastikas on his locker, and participated in a Nazi skit in front of the Jewish co-worker. The worker also taunted the same co-worker with anti-Semitic insults, including comments about putting the co-worker and his family in an oven.

ALJ Spooner also found that the worker had made false statements to an investigator and had attempted to intimidate a witness.

Given the ?appalling nature of the misconduct and the worker's past disciplinary history, ALJ Spooner recommended that Mullusky be terminated from his position

Full post as published by New York Public Personnel Law on June 22, 2009 (boomark / email).

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