New Jersey employment lawyers representing the Department of Corrections were successful in getting a same-sex harassment case dismissed because the employer followed and enforced its own policies and procedures for preventing sexual harassment in the workplace. New Jersey employment laws allow an employer to assert the affirmative defense that the employer took prompt and effective action in response to a complaint of discrimination.
In Valentine v. Department of Corrections, App. Div. (per curiam), the Plaintiff appealed a summary judgment dismissal of his hostile work environment, same-sex harassment complaint against Defendants, the New Jersey Department of Corrections (DOC). Plaintiff is employed as a senior corrections officer with the DOC. The Plaintiff was assigned to Southwoods State Prison. From 2001 to April 2004, the Plaintiff was assigned to the same area of the prison as Robert Stanley, a licensed social worker employed by Correctional Medical Services (CMS). The Plaintiff and Stanley interacted on a daily basis. The Plaintiff is heterosexual. He alleged that Stanley, a homosexual, routinely referred to him as a "bitch." The Plaintiff filed a formal complaint with the DOC's Equal Employment Division. The Division found that Stanley's remarks did not violate the DOC's sexual harassment policy. Nevertheless, the case was referred to CMS for corrective action. The New Jersey Appellate Division found that it is undisputed that the DOC followed and enforced its own policy and procedures. The Appellate Division ruled that the Plaintiff failed to present a prima facie case of negligence in instituting and implementing an effective anti-sexual harassment policy.
This case is a great example demonstrating how an employer can insulate itself from liability in a sexual harassment case when it has effective policies and procedures for handling discrimination complaints.
