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
Corporate Transactions: Best Practices for Successful Deals post image

Corporate Transactions: Best Practices for Successful Deals

Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]

Author: Dan Brecher

Link to post with title - "Corporate Transactions: Best Practices for Successful Deals"
How to Conduct a Fair and Legal Employee Termination in 2025 post image

How to Conduct a Fair and Legal Employee Termination in 2025

Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]

Author: Angela A. Turiano

Link to post with title - "How to Conduct a Fair and Legal Employee Termination in 2025"
Admin Dissolution for Annual Report: What You Need to Know post image

Admin Dissolution for Annual Report: What You Need to Know

While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]

Author: Dan Brecher

Link to post with title - "Admin Dissolution for Annual Report: What You Need to Know"
What Is Antitrust Litigation Law? post image

What Is Antitrust Litigation Law?

Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]

Author: Robert E. Levy

Link to post with title - "What Is Antitrust Litigation Law?"
Dissolving Your Business: Essential Legal Steps to Protect Your Interests post image

Dissolving Your Business: Essential Legal Steps to Protect Your Interests

If you’re considering closing your business, it’s crucial to understand that simply shutting your doors does not end your legal obligations. Unless you formally dissolve your business, it continues to exist in the eyes of the law—leaving you exposed to ongoing liabilities such as taxes, compliance violations, and potential lawsuits. Dissolving a business can seem […]

Author: Christopher D. Warren

Link to post with title - "Dissolving Your Business: Essential Legal Steps to Protect Your Interests"
The Role of Corporate Restructuring in Mergers & Acquisitions post image

The Role of Corporate Restructuring in Mergers & Acquisitions

Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]

Author: Dan Brecher

Link to post with title - "The Role of Corporate Restructuring in Mergers & Acquisitions"

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. You can reply STOP to opt-out of further messaging.

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