Executive Summary: On April 10, 2018, the New York State Supreme Court, Appellate Division, First Department (“the First Department”), in Matter of New York City Tr. Auth. v. Phillips, 2018 NY Slip Op 02442, in a remarkably strongly worded opinion, reversed the determination of an arbitrator who had ruled that although the terminated employee sexually harassed a co-worker, he should only have been subjected to a ten-day suspension.
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