New Jersey courts have long been in the forefront of employment discrimination law. The question is: How far will they go next?
One likely path is to expand liability for sexual harassment committed by a nonemployee.
Last month, a federal jury in Florida awarded $630,000 to 14 female prison employees who alleged that the state Department of Corrections created a hostile work environment by failing to prevent lewd behavior by male inmates.
New Jersey may follow Florida’s lead.
When nonemployees harass
Since 1945, the New Jersey Law Against Discrimination (NJLAD) has prohibited unlawful sex discrimination, including sexual harassment. Employers may be liable for sexual harassment committed by supervisors, nonsupervisory employees and, in some circumstances, by third parties such as customers or outside contractors.
Extending liability to the employer in such circumstances is based on the concept that the em...(register to read more)
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