On February 11, 2015, the New Jersey Supreme Court for the first time directly addressed and adopted the standard set forth in the U.S. Supreme Court’s 1998 decisions in Burlington Industries, Inc. v. Ellerth1 and Faragher v. City of Boca Raton2 regarding employer liability for a supervisor’s harassment. In Aguas v. State of New Jersey, the court held that an employer can defend against a claim of supervisory harassment that did not result in a tangible employment action by showing (a) it had strong anti-harassment policies and reporting procedures in place and (b) the plaintiff unreasonably failed to take advantage of those policies and procedures. The court’s ruling in this case not only provides an invaluable defense to New Jersey employers, but also serves to emphasize the importance of implementing and adhering to effective anti-harassment policies and procedures that comply with the requirements set forth by the U.S. Supreme Court.
Home > State Law Articles > New Jersey > Sexual Harassment (NJ) > New Jersey Supreme Court Provides Guidance to Employers Defending Against Certain Supervisory Harassment Claims