Sexual Harassment

Court Analyzes Prospective Tenant’s Sexual Harassment Claim

December 12, 2023 | by Jonathan I. Nirenberg

In a recent ruling, New Jersey’s Appellate Division recognized that the same basic legal principles that apply to sexual harassment claims in employment under the New Jersey Law Against Discrimination (“LAD”) also apply to sexual harassment claims involving housing discrimination under the LAD. The LAD is a law that prohibits discrimination in the context of both employment and housing.

In November 2019, Sira Traore attempted to lease an apartment for her family and financial assistance from Fairview Homes Preservation, L.P. (“Fairview). She met with Ricardo Mendoza, who was an employee of Related Management Company, L.P. (“Related”), a company that manages and leases apartments on behalf of Fairview.

Ms. Traore claims that when she met with Mr. Mendoza he touched her and pressured her to go to his hotel room to have sex with him in exchange for him providing her a lease for an apartment lease and the housing assistance she was seeking. Ms. Traore did not agree to have sex with Mr. Mendoza, and claims that as a result she did not receive a lease or housing assistance. Ms. Traore recorded her conversation with Mr. Mendoza using her cell phone.

Sexual Assault of Student Can be Sexual Harassment in Violation of New Jersey Law Against Discrimination

September 13, 2023 | by Jonathan I. Nirenberg

Yesterday, the New Jersey Supreme Court ruled that a sexual assault against a student can constitute sexual harassment in violation of the New Jersey Law Against Discrimination (“LAD”).

In addition to prohibiting discrimination in the workplace, the LAD also prohibits it in places of public accommodation, including public schools and school busses. Sexual harassment is a form of discrimination that occurs because of the victim’s sex.

The case involved an individual identified only by her initials, C.V., who was a prekindergarten student in the Waterford Township School District. C.V. was the victim of repeated sexual assaults by her bus aide, Alfred Dean. Mr. Dean ultimately plead guilty to first-degree aggravated sexual assault, and was sentenced to 10 years in prison.

New Law Bans Forced Arbitration of Sexual Harassment and Assault Claims

March 4, 2022 | by Jonathan I. Nirenberg

Arbitration is widely believed to favor big business over individuals. I have written numerous articles about forced arbitration, including cases that enforced arbitration of employment law claims, and ones that overturned such provisions. In my law practice, I have fought against forced arbitration on many occasions.

Yesterday, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. As its name suggest, this law now prohibits forced arbitration of sexual harassment and sexual assault claims. The law received bipartisan support in Congress, a rare feat in the current political climate.

The new statute deems that a person who files a case in which he or she alleges sexual harassment or sexual assault cannot be forced to be bound by an arbitration agreement or class or collective action waiver that he or she entered into before the dispute arose. However, the person asserting the sexual harassment or assault still can chose to enforce an arbitration agreement. Likewise, parties still can agree to enter into arbitration agreements after a dispute involving sexual harassment or sexual assault if that is their preference, and either party can enforce such an agreement.

Court Must Reconsider Whether Sexual Harassment Victim Agreed to Arbitration

November 12, 2021 | by Jonathan I. Nirenberg

A recent decision by New Jersey’s Appellate Division makes it clear that a court must have clear proof an employee agreed to arbitration before an employer can force an employee to arbitrate her case.

Nikki Cordero applied for a job with Fitness International, LLC, also known as LA Fitness International. A few days later, LA Fitness interviewed Ms. Cordero and offered her the position.

On Ms. Cordero’s first day of work, the Gym’s General Manager, Ryan Farley, had her electronically sign a series of documents that he said she needed to sign before she could start her training. According to Ms. Cordero, she did so without seeing what she was signing.

Sexual Harassment Lawsuit Reinstated by New Jersey Appellate Court

August 3, 2021 | by Jonathan I. Nirenberg

One potential defense an employer has in a sexual harassment case is that the employee unreasonably failed to make use of the employer’s anti-harassment policy. A recent New Jersey Appellate Division opinion highlights the fact that this defense does not apply if the harassment led to an adverse employment action, such as the employee being fired, demoted, or suspended without pay.

Ramona McBride worked as a sales trainee for a car dealership, Foulke Management Corp., dba Atlantic Jeep Chrysler Fiat. She alleges her immediate supervisor, sales manager Jack Dellafave, made sexual advances toward her and fired her because she rejected his advances.

The harassment started with Mr. Dellafave sending Ms. McBride text messages in which he told her that he was “attracted” to her, invited her to his hotel room, and offered to pay for her cab ride to his hotel. Ms. McBride declined each of those offers.

Rumors Female Employee Had Affair with Male Superior Can be Sexual Harassment

December 27, 2019 | by Jonathan I. Nirenberg

A recent opinion by New Jersey’s Appellate Division recognizes that false rumors of a sexual relationship between a female employee and a male superior can create a legally actionable hostile work environment.

Jennifer Schiavone is a senior corrections officer for the New Jersey Department of Corrections (“DOC”). In 2013, the DOC assigned Officer Schiavone to work in the Central Control Unit (“Central Control”), which is a desirable job because it does not involve direct contact with inmates.

Shortly after the DOC transferred Officer Schiavone to Central Control, rumors began to spread that she was having an extra-marital affair with a high-level DOC official, “S.D.” Even though Officer Schiavone denied that she was having an affair with S.D., their supposed relationship became the subject of nearly daily conversation at work. For example, on one occasion Officer Julie Houseworth asked Officer Schiavone if she planned to “blow” S.D. Another time, Lieutenant Zsuzsanna Rogoshewski said: “That’s her over there, that’s who’s sleeping with the [high-ranking official],” referring to Officer Schiavone and S.D.

Employees Cannot Waive Punitive Damages Under New Jersey Law Against Discrimination

September 17, 2018 | by Jonathan I. Nirenberg

A recent unpublished opinion from the New Jersey Appellate Division holds that employees cannot waive in advance their right to recover punitive damages under the New Jersey Law Against Discrimination (“LAD”).

Milagros Roman worked for Bergen Logistics LLC as a human resources generalist. She claims that her immediate boss, Human Resources Director Gregg Oliver, made sexual advances toward her. She further alleges that Mr. Oliver retaliated against her by firing her because she complained about the sexual harassment.

Ms. Roman filed a lawsuit against Bergen and Mr. Oliver, claiming they harassed and retaliated against her in violation of the LAD. The defendants filed a motion to dismiss her case and refer it to arbitration. They relied on the fact that when Bergen hired Ms. Roman, she signed an arbitration agreement that required her to resolve any disputes relating to her employment relationship in binding arbitration rather than in court. That agreement includes a provision which states that: “BY SIGNING THIS AGREEMENT YOU AND COMPANY ARE WAIVING ANY RIGHT, STATUTORY OR OTHERWISE, TO A TRIAL BY JURY AND TO PUNITIVE AND EXEMPLARY DAMAGES.”

Court Reinstates Sexual Harassment and Retaliation Claims

October 6, 2017 | by Jonathan I. Nirenberg

A recent Third Circuit opinion, Moody v. Atlantic City Board of Education, reversed a District Court’s order which had dismissed an employee’s sexual harassment and retaliation lawsuit.

Michelle Moody worked as a substitute custodian for the Atlantic City Board of Education. She claims the custodial foreman of the New York Avenue School, Maurice Marshall, sexually harassed her. For example, she claims he made sexual comments to her, grabbed her breasts and buttocks, and offered to give her more hours of work if she performed sexual favors for him. She also alleges that on one occasion Mr. Marshall called her into his office and tried to take off her shirt, and on another occasion had her to come into his office while he was naked.

Mr. Marshall subsequently sent Ms. Moody a series of text messages implying he would offer her a full time job if she had sex with him. According to Ms. Moody, Mr. Marshall showed up at her home that evening and told her she would receive an employment contract if she had sex with him. Mr. Marshall then grabbed Ms. Moody and began to kiss her. Ms. Moody claims she gave into Mr. Marshall’s advances because she was afraid she would lose her job.

Employer Can Be Liable Based on Coworker’s Retaliatory Motive

November 7, 2016 | by Jonathan I. Nirenberg

A recent ruling by the Second Circuit Court of Appeals in a sexual harassment retaliation case holds that an employer can be liable if it negligently fires an employee due to the discriminatory or retaliatory animus of an employee who was not a supervisor.

Andrea Vasquez worked for Empress Ambulance Service, Inc. as an emergency medical technician. One of her coworkers, Tyrell Gray, repeatedly asked her out on dates, tried to flirt with her and put his arm around hers and touched her shoulders. Mr. Gray’s conduct was unwelcome and made Ms. Vazquez uncomfortable.

For instance, on January 8, 2014 Mr. Gray asked Ms. Vasquez to go on a date with him. Ms. Vazquez made it clear she was not interested. Later that evening Mr. Gray texted Ms. Vazquez a picture of his penis. Extremely upset, embarrassed and in tears, at the end of her shift Ms. Vazquez complained to her supervisor and began typing a sexual harassment complaint.

Objection to Customer’s Sexual Harassment Protected from Retaliation

September 15, 2016 | by Jonathan I. Nirenberg

The New Jersey Law Against Discrimination (“LAD”) prohibits employers from retaliating against employees who object to harassment in the workplace. A recent case recognizes that the LAD also protects employees who object to sexual harassment committed by a customer.

Nicole Prager was a receptionist for Joyce Honda. One day, a customer tugged at the arm of her shirt and exposed her bra at work.

After the incident occurred, a service manager asked Ms. Prager if she wanted to file criminal charges against the customer. When Ms. Prager indicated she was not sure, the manager told her she had to decide within 15 minutes. Ms. Prager believed the manager was trying to discourage her from pressing charges because the harasser was a very good customer who had purchased approximately 20 cars during the previous year.