New Jersey Supreme Court To Revisit Employer Liability For Sexual Harassment By Supervisors

On November 6, 2013, the New Jersey Supreme Court granted certification in Aguas v. State of New Jersey, 2013 WL 1136115 (App. Div. Mar. 20, 2013), a pro-employer ruling on the issue of employer liability for sexual harassment by supervisors. In Aguas, the Appellate Division affirmed summary judgment for the New Jersey Department of Corrections (DOC) on the plaintiff’s claims for sexual harassment and hostile work environment created by her supervisors because the DOC had demonstrated due care in adopting and implementing an effective anti-sexual harassment policy, and because it conducted an investigation within a reasonable time period following plaintiff's complaints.  Accordingly, the court held that plaintiff could not demonstrate that the DOC negligently administered its anti-sexual harassment policy or aided the harassment through the authority it delegated to the offending supervisors. The Supreme Court’s opinion on review could have a significant impact on the steps employers should take to prevent and respond to sexual harassment claims involving supervisors.

Note: This article was published in the January 2014 issue of the New Jersey eAuthority.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ogletree, Deakins, Nash, Smoak & Stewart, P.C. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×