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Renaissance Electric, Inc. Hartford Plaza Ltd. In discrimination, hostile work environment and retaliation cases brought under the NJLAD, it is common for a plaintiff to name his or her former supervisor as an individual defendant, particularly if the supervisor is the person who made the decision to take an adverse employment action against the plaintiff.
In addition, legal fees could increase if separate legal representation for the employer and the supervisor is required. These important issues should be considered and discussed with counsel at the outset of the case.
Because the NJLAD does not provide for individual liability for aiding and abetting if the employer is not found liable, the best defense is a unified one between the employer and the individual supervisor. Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Ordinary commercial disputes can give rise to allegations of fraud and abuse. Grand jury subpoenas may be directed at innocent targets and present logistical record-gathering challenges for legitimate businesses. In Ivan v. Walls provided the latest clues on the parameters of individual aiding and abetting sexual harassment liability under N.
In his prior decision in this matter, Ivan v. County of Middlesex , F. The supervisor defendants moved for reconsideration of that decision based on Cicchetti v. Ciasulli , N. In Tarr v. Comment d. Tarr at Blount was alleged to have made numerous sexually harassing remarks directly to one of the plaintiffs.
The Court did not consider his remarks in analyzing his potential aiding and abetting liability. This is an example of how a supervisor can be individually liable for aiding and abetting his own acts of sexual harassment. In Hurley , supra. The Ivan Court expressly confirmed the continued viability of this theory after Chicchetti.
With respect to Falcone, unlike the direct supervisors, plaintiffs did not allege Falcone had engaged in any sexual harassment of plaintiffs. Falcone did, however, demonstrate unequivocal hostility to complaints of harassment by one of the plaintiffs, thereby aiding and abetting the principal violation and rendering Falcone potentially individually liable. Hurley , F.
The evidence of potential aiding and abetting liability was the thinnest against Spicuzzo. Ivan , F. Bowers v. City of Passaic , F. Pennsylvania , 91 F. The Ivan Court contrasted the actions of the supervisors in its case with those of the supervisors in Chichetti , whom the Supreme Court had held were not liable for aiding and abetting. For the Ivan Court, the critical distinctions were the Chichetti supervisors had taken some action, albeit ineffective, in response to complaints of NJLAD violations and demonstrated no hostility toward the complaints.
See , e. Ridgewood , WL D. Herman v. Coastal Corporation , N. New Jersey Manufacturers Ins. Hosted on the FirmWise platform.