Martinez v Hands of Hope P.T., P.C.

Holding The court affirmed the dismissal of the plaintiff’s claim under the New York City Human Rights Law against the employer, holding that a physical therapist assistant’s sexual assault was outside the scope of employment. The court determined that such conduct, committed for wholly personal motives, does not further the employer’s business and thus precludes vicarious liability.

The court’s words

A sexual assault perpetrated by an employee is not in furtherance of an employer's business and is a clear departure from the scope of employment, having been committed for wholly personal motives

2026 NY Slip Op 05949, at the official text

an employer may be vicariously liable for the tortious acts of its employees only if those acts were committed in furtherance of the employer's business and within the scope of employment

2026 NY Slip Op 05949, at the official text

Where an employee's actions are taken for wholly personal reasons, which are not job related, the challenged conduct cannot be said to fall within the scope of employment

2026 NY Slip Op 05949, at the official text