A corrections officer alleged repeated sexual harassment by her supervisor. Lower courts had dismissed her claims, finding the State had exercised due care. In Aguas v. State, 220 N.J. 494 (2015), the Supreme Court reversed, emphasizing that an employer’s implementation and enforcement of anti-harassment policies is central to evaluating negligence.
In Cesare v. Cesare, 154 N.J. 394, 713 A.2d 390 (1998), the plaintiff sought a restraining order against her husband under the Prevention of Domestic Violence Act of 1991, N.J. Stat. § 2C:25-17 et seq., following an argument concerning the dissolution of their marriage. During the argument, the defendant threatened that the plaintiff would never gain custody of their children and that he would never sell the family home or share its proceeds.
The Constitution of the State of New Jersey, adopted in 1947 and subsequently amended, establishes the structure of state government and guarantees the fundamental rights of its citizens. Its Declaration of Rights affirms that all individuals are free and possess natural and unalienable rights, including life, liberty, and the pursuit of happiness and safety.
In Gaines v. Bellino, 173 N.J. 301, 801 A.2d 322 (2002), the plaintiff, a county corrections officer working the midnight shift, alleged that a coworker kissed her without consent and subsequently harassed her by making repeated references to the incident and threatening remarks about rape. Although the plaintiff reported the conduct to her superiors, no action was taken for nearly two years. When the warden eventually met with her, she declined to file a formal complaint due to fear of retaliation.
In the case In re Civil Commitment of S.S., 372 N.J. Super. 13, 855 A.2d 30 (App. Div. 2004), the Superior Court of New Jersey, Appellate Division, affirmed a judgment involuntarily committing the petitioner to the Special Treatment Unit as a sexually violent predator under the Sexually Violent Predator Act, N.J. Stat.
In the case In re Civil Commitment of W.X.C., 204 N.J. 179, 8 A.3d 174 (2010), the defendant was convicted of multiple violent sexual offenses after burglarizing two homes. In one incident, he raped a woman while threatening her with a knife, and in another, he raped a woman while threatening her with a gun. He also entered a nursing home, forced a female resident into a bedroom, and demanded that she perform oral sex. The defendant entered a plea agreement that resulted in a twenty-four-year prison sentence with twelve years of parole ineligibility.
In re Return of Weapons to J.W.D., 149 N.J. 108 (1997) is a case where the New Jersey Supreme Court considered whether firearms seized following a domestic violence complaint must be returned once the complaint is withdrawn or dismissed. The Court held that the dismissal of a complaint does not mandate return of weapons under N.J.
A student who was subjected to years of harassment based on perceived sexual orientation sued the school district under the Law Against Discrimination (LAD). In the case L.W. ex rel. L.G. v. Toms River Regional Board of Education, 189 N.J.
In Lehmann v. Toys 'R' Us, Inc., 132 N.J. 587, 626 A.2d 445 (1993), the plaintiff was employed by the defendant as a file clerk and was later promoted to supervisory positions. After a new supervisor was hired, he began sexually harassing female employees, including the plaintiff, through repeated offensive comments and unwanted touching. The plaintiff reported the incidents to the supervisor’s superior but was told to handle the matter herself.
In the case Mancini v. Township of Teaneck, 179 N.J. 425, 846 A.2d 596 (2004), the plaintiff, a police officer, alleged pervasive sex discrimination and sexual harassment during her employment with the Township of Teaneck Police Department. From the beginning of her service, she was subjected to a hostile work environment created by both supervisors and coworkers who believed that policing was not a job for women.
