Effective Measures in Harassment Cases - Have New Jersey courts established a reasonable standard of care? – New Jersey Law Journal

Kirsten Scheurer Branigan co-authored with Lori Ann Buza and Elizabeth W. Gramigna
New Jersey Law Journal

Kirsten Scheurer Branigan, Lori Ann Buza and Elizabeth Gramigna co-authored “Effective Measures in Harassment Cases – Have New Jersey courts established a reasonable standard of care?” The article, which was published in the New Jersey Law Journal on April 18, 2011, explored the impact of employer prevention and remedial action on harassment claims. The New Jersey court decisions confirm that an employer’s preventative and remedial measures is an important factor in determining employer liability for claims advanced under a negligence theory premised on the employer’s failure to have in place effective sexual harassment policies and claims of vicarious liability for the harassing conduct committed by a supervisor. In examining the effectiveness of the employer’s anti-harassment policy and practices, the courts examine the policy, whether it was disseminated, whether there was training, the timing of an investigation after a report of harassment, and the remediation efforts made by the employer.

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