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State Employment Law Articles
Article Index » new jersey » sexual harassment » General
Report Link Court Finds Persistent Dating Attempts Not Equivalent to Sexual Harassment.
Ogletree Deakins - September 10, 2008
Despite the spate of recent pro-employee hostile work environment cases, the Supreme Court issued an antidote in Godfrey, holding that the plaintiffs, two female seminary students, were not subject to a hostile environment when a 60-year old seminary resident pursued them in quest of a date, where his behavior involved no sexual language, touching, or inappropriate comments or suggestions.
Report Link Attorneys Hired By Employers in New Jersey To Investigate Complaints Of Workplace Harassment May Be Sued By Complainant.
Littler Mendelson, P.C. - December 28, 2006
In a case of great significance to attorneys hired by employers to investigate claims of workplace harassment, the United States District Court for the District of New Jersey has held in Spagnola v. Town of Morristown (Civ. Action No. 05-577, Dec. 7, 2006), that a plaintiff may sue the investigating attorney for negligent misrepresentation even where there is no attorney-client relationship between the complainant and the attorney. This ruling is consistent with state Supreme Court precedent which holds that the absence of an express assent to enter into an attorney-client relationship will not by itself preclude a finding that such a relationship existed. The ruling warrants careful conduct of investigations by counsel and mandates that they take certain precautions before, during and after such activities.
Report Link New Jersey Court Follows Harassment Standard to Determine Liability For Student-On-Student Harassment.
Jackson Lewis LLP - February 08, 2006
A late 2005 court ruling puts school districts at risk for liability if they fail to take effective remedial action in response to harassing behavior by students against students. In December, the Superior Court of New Jersey, Appellate Division, held that a student can sue a local board of education under the New Jersey Law Against Discrimination for student-to-student harassment based upon a protected characteristic. Pursuant to the court's ruling, a school district will be liable where the district fails to take effective remedial action in response to the harassment. Importantly, the decision imposes a duty upon school districts to provide professional training to all school personnel, including school board members, administrators and teachers.

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