NJ appellate court narrows road in auto dealership's sexual harassment case

The New Jersey Appellate Division recently revived a sales consultant's hostile work environment claim against a car dealership after the case had previously been dismissed in the employer's favor. The employee claimed she was fired for rejecting her supervisor's sexual advances and alleged the dealership was vicariously liable for the conduct. The trial court granted the dealership's request for summary judgment (dismissal without a trial), but the Appellate Division sent the case back down for a trial.

Facts

Ramona McBride began working at the Atlantic Jeep Chrysler Fiat dealership as a sales trainee (a paid position designed to train sales staff) on March 6, 2017. She reported to two sales managers, one of whom was Jack Dellafave.

McBride was quickly met with unwanted sexual advances from Dellafave, most of which were communicated via texts. In the messages, he conveyed his attraction to her and invited her to come to his hotel room. She rejected the advances.

On March 30, mere weeks into McBride's employment, Dellafave asked her during work hours why she declined his advances. She again declined his sexual overtures. Irritated by the rejection, he told her to "clock out, and leave and don't come back." She complied.

Because Dellafave was her supervisor, McBride understood his statement to mark her termination. As a result, she left the dealership. Later that day, she contacted general manager Michael McErlean to tell him about what had transpired.