Entrot vs BASF Corporation
In a case where our client filed a complaint against her former employer, alleging sexual harassment, hostile work environment, and constructive discharge in violation of Law Against Discrimination, the appellate court in another comprehensive opinion held: 1) that when determining whether the offending employee was a supervisor for purposes of establishing vicarious liability of employer, court was required to look at what power the worker was reasonably perceived to have over the victim; 2) constructive discharge resulting from sexually harassing conduct of supervisor constitutes a “tangible employment action” under the law; and 3) issues of material fact existed as to whether the former employer delegated authority to the project leader, whether the project leader exercised supervisory authority, whether the project leader created hostile work environment, and whether the project leader was aided by agency relationship precluded summary judgment.