A nurse at Bayshore Community Health Services was not allowed to sue the hospital for a hostile work environment when the doctor in question only had privileges at the hospital because the privileges do not make the hospital the doctor’s employer.  As such, the hospital cannot be held vicariously liable for the doctor’s actions.  Further, the alleged conduct of defendant doctor did not rise to the level of severe or pervasive conduct necessary to maintain a cause of action for hostile work environment.  The nurse’s claims for intentional infliction of emotional distress, assault and battery, retaliation and aiding and abetting are denied.  Colello v Bayshore Community Health Services, App. Div. (25-2-7699), April 2010.

Gabrielle Strich, Esq.

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