Wednesday, September 9, 2015
BRIAN DUNKLEY VS. S. CORALUZZO PETROLEUM TRANSPORTERS A-3252-12T1
BRIAN DUNKLEY VS. S. CORALUZZO PETROLEUM TRANSPORTERS
On March 16, 2015, the Supreme Court remanded this matter, in light of its recent opinion in Aguas v. State, 220 N.J. 494 (2015), which discussed the viability of an employer's anti-harassment policy as an affirmative defense to vicarious liability amidst an employee's claims for supervisory sexual harassment and hostile work environment.
We reconsidered plaintiff's appeal from the summary judgement dismissal of his complaint asserting claims against his employer for direct negligence, vicarious liability, and constructive discharge under the Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -49. Plaintiff maintained he was the victim of multiple racially discriminating remarks made by his supervisor and alleged the employer's policy failed to effectively respond to and redress the harassing conduct. The LAD claims, as well as the employer's asserted defenses, were examined in light of the standards presented in Agaus.