Jean-Louis v. Hilton Hotels Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The court properly dismissed the second cause of action wherein plaintiff alleges that defendants negligently trained, managed and/or supervised employees who confined her to an office for an hour and did not allow a union representative to be present while discussing her complaint that her supervisor inequitably distributed work based on her ethnicity and religious beliefs. This claim is barred by the exclusive remedy provisions of the Workers’ Compensation Law (see Workers’ Compensation Law §§ 11, 29 [6]; Burlew v American Mut. Ins. Co., 63 NY2d 412, 416 [1984]), and contrary to plaintiffs…
2Cases cited2 opinions
- Burlew v. American Mutual InsuranceNew York Court of Appeals · 1984
- Velasquez-Spillers v. Infinity Broadcasting Corp.Appellate Division of the Supreme Court of the State of New York · 2008