Employment Law Week 10 Notes - Sexual Harassment Laws

Sexual Harassment Laws include

1. Title 7(federal) -> sex
2. NJ Law Against Discrimination

Types include        1. Quid Pro Quo: usually boss to subordinate(this for that)

1. Hostile Work Environment

Sexual Harassment: unwelcomed or unwanted sexual advances

Lehman(Plaintiff) v Toys R Us(Defendant)   (NJ1993) Defendants include company, supervisor, HR rep

1.Facts: Plaintiff and Defendant Baylous->30 employees

Plaintiff complained that Baylous is harassing others than her

        Told her to show cleavage, exposed bra strap, commented on her butt

Baylous’ boss gave an inadequate response (don’t tell more)

HR Jonas told her to keep a diary of instances (not court admissible)-> interviewed plaintiff and witness

Baylous continued to have poor conduct

HR offered the plaintiff a transfer, but she turned it down

Plaintiff gives 2weeks notice that she’s going to quit

        Confronted Baylous and ended up quitting (constructive discharge)

Baylouse said he was a touchy feely person, asked if someone went home for a quickie, and commented on someone’s butt.

2.Procedure: Plaintiff sues in the Law Division (State)

Violation of LAD(Law Against Discrimination)

Judge throws out case and awards $5000 for battery

Plaintiff appeals and goes to the Appellate Court -> split decision

Goes to the NJ Supreme Court

3.Issue: How does a female plaintiff prove a hostile work environment claim?

4. Holding: 1. Reasonable woman standard: conduct occurred because of her sex

                2.conduct is severe or pervasive

                3. reasonable woman would find it offensive

                4. creates hostile work environment

Worker’s Compensation

1.