A New Jersey Supreme Court decision that helps employers fight liability over a supervisor’s sexual harassment is a game changer that should encourage companies to strengthen anti-harassment policies, but could also hurt employees who delay coming forward because of retaliation fears, experts say.
Wednesday’s decision could promote more civil workplaces by providing a major reason for employers to properly implement and enforce policies, according to Adam N. Saravay of McCarter & English LLP.
“I think the rules that are set forth in this opinion create incentives for employers to prevent harassment at the front lines in the workplace and immediately, not just years after a lawsuit and a verdict in favor of an employee,” Saravay said.