Aguas v. State (N.J. 2015)

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. The Court held that supervisory authority and position within the hierarchy are relevant to whether harassment is aided by agency power. The case was remanded for consideration under these factors.