Employer vicarious liability stemming from discrimination in public accommodation under the NJLAD.
The plaintiff sued Sears under the New Jersey Law Against Discrimination, premised upon the claim that she was sexually harassed by a salesperson while she was shopping for a refrigerator. The plaintiff sought both monetary damages and equitable relief. A divided panel of the court upheld the order of dismissal and concluded that the plaintiff had failed to show that Sears knew of or allowed the alleged conduct to occur. The court rejected the plaintiff’s argument that Sears should be strictly liable for the actions of its employee, even when done without Sears’ knowledge.
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.