What is the test for an employer to compel an employee to engage in sexual acts with another employee?

"New York", United States of America

The following excerpt is from Hoffman v. Ryan, 101 Misc.2d 845, 422 N.Y.S.2d 288 (N.Y. City Ct. 1979):

the connection between the time, place and occasion for the act; the history of the relationship between employer and employee as spelled out in actual practice; whether the act is one commonly done by such an employee; the extent of departure from normal methods of performance; and whether the specific act was one that the employer could reasonably have anticipated (Riviello v. Waldron, 47 N.Y.2d 297, 303, 418 N.Y.S.2d 300, 303, 391 N.E.2d 1278, 1281, supra (citations omitted)).

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