Negligent Supervision Action Not Supported Due To New York’s Exclusive Remedy Provision
Laws regarding behavior by others in an employment situation can be confusing, as each state has different rules. In a recent ruling, a New York federal court reaffirmed a stringent legal principle: even in cases involving rape, sexual harassment, and revenge-porn allegations, employees cannot bring negligent supervision lawsuits if the alleged harm arises during the course of employment.
In Eckhart v. Fox News Network, LLC, the plaintiff, a former administrative assistant, accused on-air host Ed Henry of repeated sexual harassment, alleged rape, and non-consensual sharing of intimate content (revenge porn). She also accused Fox News of negligent supervision for failing to control Henry’s behavior.
However, the court dismissed the negligent supervision claim, citing New York’s Workers’ Compensation Law (WCL), which makes workers’ compensation the exclusive remedy for workplace injuries, including those caused by coworkers.
The ruling referenced several established precedents. As a result, the court granted summary judgment in favor of Fox News on the negligent supervision aspect of the lawsuit.
What the Exclusivity Doctrine Means
WCL provides that when an employee is injured arising out of and in the course of employment, their sole remedy against the employer is workers’ compensation benefits. This bars employees from suing their employer in civil court for most workplace injuries.
The key provision is WCL § 29(6), which states that the right to compensation or benefits under this chapter shall be the exclusive remedy to an employee … when such employee is injured or killed by the negligence or wrong of another in the same employ.”
What does this mean?
- For employees: Workers’ comp guarantees medical coverage and partial wage replacement without needing to prove fault.
- For employers: It shields them from unpredictable lawsuits, limiting liability to statutory benefits.
- For the system: It creates a streamlined, no-fault process for workplace injuries.
The exclusivity doctrine covers all injuries tied to employment, including those caused by:
- The employer’s negligence (such as unsafe working conditions).
- A coworker’s intentional acts, if the injury occurred in the course of employment.
- Situations where an employer allegedly failed to supervise or prevent misconduct (as in negligent hiring/supervision claims).
That last category is important; even serious misconduct such as sexual harassment, assault, or rape by a coworker can be considered a workplace injury, meaning the employer cannot be sued directly in civil court for negligence.
New York’s workers’ compensation exclusivity doctrine remains a powerful shield for employers, even when the allegations involve deeply troubling conduct like revenge porn or rape at the workplace. In such cases, legal claims must be channeled through workers’ comp, not civil litigation against the employer.
Contact Us for More Information About Workers’ Compensation Benefits
Laws are complex, and even when assault or rape happens in a New York employment environment, the employer cannot be sued. This can be frustrating to the victim.
Need help obtaining compensation for a work-related injury? Seek legal help from a White Plains workers’ compensation lawyer from The Law Office of Michael Lawrence Varon. Fill out the online form or call (914) 228-1770 to schedule a consultation.
Source:
workerscompensation.com/daily-headlines/rape-revenge-porn-allegations-cant-escape-new-yorks-exclusivity-doctrine/
