IN RE CLAIM OF FERRO v. COMMR. OF LABOR

While training to become a general manager of one of the employer's restaurant franchises, claimant was discharged for violating the employer's policy prohibiting sexual harassment. Upon reconsideration, the Unemployment Insurance Appeal Board adhered to its prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because he lost his employment due to misconduct. Claimant appeals and we affirm. Substantial evidence supports the Board's finding that claimant engaged in disqualifying misconduct. It is well settled that offensive behavior in the workplace can constitute disqualifying misconduct (see, Matter of Krupa [Sweeney], 236 A.D.2d 772;Matter of Weiss [Sweeney], 232 A.D.2d 672), as can conduct that is detrimental to the employer's interest (see, Matter of Krupa [Sweeney],supra). The conduct in question met both these criteria inasmuch as the employer's witness testified that he observed claimant grab a female employee from behind and begin thrusting his hips forward. That claimant offered a different version of the events surrounding his separation from employment presented an issue of credibility for resolution by the Board (see, Matter of Weiss [Sweeney], supra).

ORDERED that the decision is affirmed, without costs.