Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: April 11, 2013
The Firm
201-896-4100 info@sh-law.comA 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.
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 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:
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.
The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]
Author: Brian D. Spector
Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]
Author: Christopher D. Warren
*** The original article was featured on Bloomberg Tax, April 28, 2025 — As a tax attorney who spends much of my time helping people and companies who have large, unresolved issues with the IRS or one or more state tax departments, it often occurs to me that the best service that I can provide […]
Author: Scott H. Novak
On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]
Author: Matthew F. Mimnaugh
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!