Person of Authority in a New Jersey Employment Law Case
If the perpetrator of the sexual harassment is a person of authority (supervisor,
manager, owner, etc.), the employer will be considered strictly liable,
i.e., other than denying the harassment occurred, no defenses are available.
If, however, the perpetrator of the sexual harassment is a co-worker,
the employer can eliminate or limit its liability to the victim of the
sexual harassment if the employer can demonstrate that it maintains and
has distributed sexual harassment policies and procedures to all of its
employees, follows its own policies of sexual harassment when a complaint
is made, and in response to a complaint of sexual harassment, investigates
and takes prompt, remedial measures.