Claims against the employer—sexual assault by a co-worker—that are not premised upon claims of discrimination under the NJLAD, are barred by the exclusivity provisions of the New Jersey Workers’ Compensation Act.

The employee and her husband sued her employer and her supervisor after the employee was sexually assaulted by a co-worker. The plaintiff alleged that the employer and her supervisor were negligent in failing to provide a safe workplace. The plaintiffs specifically declined to assert a claim of sexual harassment or discrimination under the NJLAD. In dismissing the case, the Appellate Division concluded that the common law claims were barred by the exclusivity provisions of the New Jersey Workers’ Compensation Act and that the plaintiffs were unable to establish the heightened standard of evidence required to overcome the bar. Claims brought under the NJLAD are not limited or restricted by the Workers’ Compensation Act’s immunity.

_{Case Law Alerts, 1st Quarter, January 2016}

_{Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal 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 © 2016 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}