A safe haven from vicarious liability for the acts of supervisor require a showing of the existence and implementation of an effective harassment policy.

The plaintiff sued her employer, alleging a hostile work environment based upon gender and retaliation in violation of the NJLAD. The trial judge dismissed the claim based upon a finding that the employer had in place a comprehensive anti-harassment policy, had promptly addressed the complaint, had transferred the alleged harasser and that the termination of employment was justified for legitimate business reasons. In reversing the dismissal, the Appellate Division concluded that issues of fact existed concerning the dissemination and implementation of the anti-harassment policy as well as the effectiveness of training. Absent an adequate showing on these elements, the employer was not entitled to a judgment in its favor as a matter of law.

Case Law Alert - 2nd Qtr 2011