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5 New Jersey opinions name it 2 courts 2003–2026 1 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Burlington Industries, Inc. v. Ellerthgreen2 sentences2016In Aguas v. State, 220 N.J. 494, 522-24 , 107 A.3d 1250 (2015), we adopted the affirmative defense established by the Supreme Court in Burlington Industries v. Ellerth, 524 U.S. 742, 765 , 118 S.Ct. 2257, 2270 , 141 L.Ed.2d 633, 655 (1998) (the “Ellerth/Faragher test”). 2016In Aguas v. State, 220 N.J. 494, 522-24 , 107 A.3d 1250 (2015), we adopted the affirmative defense established by the Supreme Court in Burlington Industries v. Ellerth, 524 U.S. 742, 765 , 118 S.Ct. 2257, 2270 , 141 L.Ed.2d 633, 655 (1998) (the “Ellerth/Faragher test”). | 3 | 4 |
Lehmann v. Toys 'R' US, Inc.green2 sentences2015See Lehmann, supra, 182 N.J. at 625-26, 626 A.2d 445 . 2015See Lehmann, supra, 182 N.J. at 625-26, 626 A.2d 445 . | 1 | 1 |
Nini v. Mercer County Community Collegegreen2 sentences2015See Nini, supra, 202 N.J. at 108-09 , 995 A.2d 1094 (noting that LAD “should be liberally construed” because it “is remedial social legislation”). 2015See Nini, supra, 202 N.J. at 108-09 , 995 A.2d 1094 (noting that LAD “should be liberally construed” because it “is remedial social legislation”). | 1 | 1 |
Entrot v. BASF Corp.green2 sentences2015See Entrot v. BASF Corp., 359 N.J.Super. 162, 187 , 819 A.2d 447 (App.Div.2003) (anticipating adoption of Ellerth/Faragher affirmative defense, and holding that “there is no barrier to the application of a Title VII defense [based on Ellerth/Faragher] to an LAD action”). 8 In a hostile work environment sexual harassment case under the LAD in which the plaintiff alleges employer vicarious liability under Restatement § 219(2)(d), the plaintiff has the initial burden of presenting a prima facie hostile work environment claim. 2015See Entrot v. BASF Corp., 359 N.J.Super. 162, 187 , 819 A.2d 447 (App.Div.2003) (anticipating adoption of Ellerth/Faragher affirmative defense, and holding that “there is no barrier to the application of a Title VII defense [based on Ellerth/Faragher] to an LAD action”). 8 In a hostile work environment sexual harassment case under the LAD in which the plaintiff alleges employer vicarious liability under Restatement § 219(2)(d), the plaintiff has the initial burden of presenting a prima facie hostile work environment claim. | 1 | 1 |
Faragher v. City of Boca Ratongreen2 sentences2003However, the Ellerth/Faragher defense, according to the Court that conceived it, is not "available ... when the supervisor's harassment culminates in a tangible employment action, such as discharge, demotion, or undesirable reassignment." Ellerth, supra, 524 U.S. at 765, 118 S.Ct. at 2270 , 141 L.Ed. 2d at 655 ; Faragher, supra, 524 U.S. at 808, 118 S.Ct. at 2293 , 141 L.Ed. 2d at 689 . (emphasis supplied). 2003However, the Ellerth/Faragher defense, according to the Court that conceived it, is not "available ... when the supervisor's harassment culminates in a tangible employment action, such as discharge, demotion, or undesirable reassignment." Ellerth, supra, 524 U.S. at 765, 118 S.Ct. at 2270 , 141 L.Ed. 2d at 655 ; Faragher, supra, 524 U.S. at 808, 118 S.Ct. at 2293 , 141 L.Ed. 2d at 689 . (emphasis supplied). | 1 | 1 |
Veronica Caridad, Individually and on Behalf of All Others Similarly Situated v. Metro-North Commuter Railroadred1 sentence2003Compare Caridad v. Metro-North Commuter Railroad, 191 F. 3d 283, 294-95 (2d Cir.1999) (ruling that a "constructive discharge" is not a "tangible employment action" because it "is not ratified or approved by the employer"), cert. denied, 529 U.S. 1107 , 120 S.Ct. 1959 , 146 L.Ed. 2d 791 (2000), with Jackson v. Ark. | 1 | 1 |
Metro-North Commuter Railroad v. Norrisgreen2 sentences2003Compare Caridad v. Metro-North Commuter Railroad, 191 F. 3d 283, 294-95 (2d Cir.1999) (ruling that a "constructive discharge" is not a "tangible employment action" because it "is not ratified or approved by the employer"), cert. denied, 529 U.S. 1107 , 120 S.Ct. 1959 , 146 L.Ed. 2d 791 (2000), with Jackson v. Ark. 2003Compare Caridad v. Metro-North Commuter Railroad, 191 F. 3d 283, 294-95 (2d Cir.1999) (ruling that a "constructive discharge" is not a "tangible employment action" because it "is not ratified or approved by the employer"), cert. denied, 529 U.S. 1107 , 120 S.Ct. 1959 , 146 L.Ed. 2d 791 (2000), with Jackson v. Ark. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Ilda Aguas v. State of New Jersey (072467)
green
2 sentences2026Thereafter, in Aguas v. State, 220 N.J. 494 (2015), our Court "adopt[ed] the Ellerth/Faragher analysis for supervisor sexual harassment cases in which a hostile work environment is claimed pursuant to the LAD, and no tangible employment action is taken." Id. at 521-23 . 2026Thereafter, in Aguas v. State, 220 N.J. 494 (2015), our Court "adopt[ed] the Ellerth/Faragher analysis for supervisor sexual harassment cases in which a hostile work environment is claimed pursuant to the LAD, and no tangible employment action is taken." Id. at 521-23 . | 2 | 2016–2026 |
Brian Dunkley v. S. Coraluzzo Petroleum Transporters
green
2 sentences2016The panel stated that Aguas requires a showing that the employer “acted in a reasonable and prompt manner to prevent or correct the harassing behavior[.]” Dunkley v. S. Coraluzzo Petroleum Transporters, 441 N.J.Super. 322, 338 , 118 A.3d 355 (2015) (citing Aguas, supra, 441 N.J. at 521, 107 A.3d 1250 ). 2016The panel stated that Aguas requires a showing that the employer “acted in a reasonable and prompt manner to prevent or correct the harassing behavior[.]” Dunkley v. S. Coraluzzo Petroleum Transporters, 441 N.J.Super. 322, 338 , 118 A.3d 355 (2015) (citing Aguas, supra, 441 N.J. at 521, 107 A.3d 1250 ). | 1 | 2016–2016 |
Bank One, Kentucky, N.A. v. Murphy
green
2 sentences2015Post at 538-42, 107 4.3d at 1278-80, see, e.g., Bank One v. Murphy, 52 S.W.3d 540 (Ky.2001); Frieler v. Carlson Mktg. 2015Post at ___ (slip op. at 13-17), see, e.g., Bank One v. Murphy, 52 S.W.3d 540 (Ky. 2001); Frieler v. Carlson Mktg. | 1 | 2015–2015 |
Cherry v. Menard, Inc.
green
2 sentences2003We find ourselves in agreement with the Cherry court's conclusion that "a constructive discharge resulting from sexually harassing conduct of a supervisor does constitute a `tangible employment action' within the meaning of the Ellerth/Faragher standard, and therefore would deprive an employer of the Ellerth/Faragher defense to vicarious liability." Cherry, supra, 101 F.Supp. 2d at 1175 . 2003We find ourselves in agreement with the Cherry court's conclusion that "a constructive discharge resulting from sexually harassing conduct of a supervisor does constitute a `tangible employment action' within the meaning of the Ellerth/Faragher standard, and therefore would deprive an employer of the Ellerth/Faragher defense to vicarious liability." Cherry, supra, 101 F.Supp. 2d at 1175 . | 1 | 2003–2003 |
Mancuso v. City of Atlantic City
green
1 sentence2003In Mancuso v. City of Atlantic City, 193 F.Supp. 2d 789 , 798-99 n. 7 (D.N.J.2002), New Jersey's federal district court recognized that the Ellerth/Faragher defense had never been applied to an LAD claim. | 1 | 2003–2003 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.