There’s some good and bad news for employers in New Jersey. A recent state Supreme Court case has adopted an affirmative defense, which allows employers to use anti-harassment policies to limit vicarious liability under the state’s Law Against Discrimination for a supervisor’s harassment, according to David Katz of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo. But the court also has expanded the definition of “supervisor.”
The plaintiff in the case was a corrections officer who was supervised by a male Area Lieutenant. She alleged that for six months he sexually harassed her, making inappropriate comments and touching her. She verbally reported the behavior to another supervisor but, fearing retaliation, didn’t file a written complaint. The Department of Corrections still initiated an investigation and ultimately concluded the allegations couldn’t be substantiated.
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