Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

NJ Employment Decision Highlights Importance of Anti-Harassment Policy

Author: Scarinci Hollenbeck, LLC

Date: April 11, 2013

Key Contacts

Back

A recent New Jersey employment decision highlights how important it is for employers to implement and enforce anti-harassment policies.

The Appellate Division dismissed a sexual harassment lawsuit after finding that the employer used due care in adopting and implementing an effective anti-sexual harassment policy.

The Facts of the Case

In Aguas v. State of New Jersey, a corrections officer filed a complaint against the State of New Jersey, alleging violations of the Law Against Discrimination (LAD), due to the sexual harassment/hostile work environment created by her supervisors. The allegations included repeated sexual advances at the hands of her male supervisor.

The court ultimately dismissed the suit on summary judgment. Although it found that the plaintiff established a prima facie showing of sexual harassment, it concluded that employer liability was inappropriate because the defendant instituted a proper anti-discrimination policy and engaged in a thorough investigation of the claims.

The Court’s Decision

The Appellate Division agreed with the lower court. It found that the record was devoid of any proof on which to hold the State vicariously liable for the offending conduct of its employees.

In reaching its decision, the court relied on Gaines v. Bellino, 173 N.J. 301 (2002), wherein the court stated, “A defendant is entitled to assert the existence of an effective anti-sexual harassment workplace policy as an affirmative defense to vicarious liability . . . .” The Gaines decision further outlined several factors relevant to determining whether an employer has acted negligently in failing to establish an anti-harassment policy, including:

  • Formal policies prohibiting harassment in the workplace;
  • Complaint structures for employees’ use, both formal and informal in nature;
  • Anti-harassment training, which must be mandatory for supervisors and managers, and must be available to all employees of the organization;
  • The existence of effective sensing or monitoring mechanisms to check the trustworthiness of the policies and complaint structures; and
  • An unequivocal commitment from the highest levels of the employer that harassment would not be tolerated, and demonstration of that policy commitment by consistent practice.

In this case, the court found that the NJ Department of Corrections had a written policy prohibiting discrimination, harassment, and retaliation, which set forth procedures for reporting misconduct (i.e., by filing a formal complaint).  While the plaintiff maintained that she never received training, the court noted that the fact that she filed a prior complaint indicates that she knew how to report discriminatory conduct.

The court also agreed that defendant launched a sufficiently comprehensive investigation into the alleged harassment. As the opinion highlighted, “The inquiry endured for over a month and involved interviews of all relevant individuals and the taking of witness statements. In other words, this was not an investigation ‘in name only.’”

As this case highlights, it is possible for an employer to successfully defend a sexual harassment lawsuit by enacting comprehensive policies and procedures to address workplace harassment and then following through with them if a complaint is filed. Conversely, failing to do so can result in a costly lawsuit.

If you have any questions about this case or would like to discuss your company’s anti-harassment policies and procedures, please contact me, Christine Vanek, or the Scarinci Hollenbeck attorney with whom you work. 

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities post image

The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]

Author: Dan Brecher

Link to post with title - "The SEC’s Latest Guidance on Applying Federal Securities Laws to Tokenized Securities"
Common Legal Mistakes NYC and New Jersey Business Owners Make post image

Common Legal Mistakes NYC and New Jersey Business Owners Make

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]

Author: Dan Brecher

Link to post with title - "Common Legal Mistakes NYC and New Jersey Business Owners Make"
What Founders Can Learn From Start-up Suits post image

What Founders Can Learn From Start-up Suits

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]

Author: Dan Brecher

Link to post with title - "What Founders Can Learn From Start-up Suits"
Corporate Governance Reviews: A Practical Guide for New Jersey Companies post image

Corporate Governance Reviews: A Practical Guide for New Jersey Companies

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]

Author: Ken Hollenbeck

Link to post with title - "Corporate Governance Reviews: A Practical Guide for New Jersey Companies"
What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights post image

What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]

Author: Robert E. Levy

Link to post with title - "What to Do After Being Served with a Lawsuit: Steps to Protect Your Legal Rights"
Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities post image

Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities

Special Purpose Acquisition Companies (SPACs) continue to gain momentum as we move through 2026. After enduring a significant contraction following the 2021 boom and the regulatory scrutiny that followed, SPAC activity rebounded sharply in 2025 and now carries forward into 2026 with real momentum. The SPAC resurgence reflects broader improvements in both market conditions and the […]

Author: Dan Brecher

Link to post with title - "Will 2026 Be a Banner Year for SPACs? Understanding the Risks and Opportunities"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!