What goes around: potential defense to hostile environment claims

The U.S. District Court for the District of New Jersey recently considered a hostile work environment sexual harassment claim under the New Jersey Law Against Discrimination (NJLAD) brought by a receptionist who alleged she was constructively discharged as a result of her supervisor's offensive conduct. The district court denied the employer's motion for summary judgment (dismissal of the case without a trial), holding there were genuine disputes over whether the supervisor engaged in the alleged conduct and whether the employee herself engaged in sexually inappropriate conduct.

Facts

Veronica Paige was employed by IT consulting company Atrion from 2007 to 2016, primarily as a receptionist. She claimed that throughout her time at Atrion, her supervisor subjected her to sexual harassment that created a hostile work environment. She left her employment in 2016, asserting she was constructively discharged as a result of the allegedly hostile work environment.

Paige contended that over the course of her employment, her supervisor engaged in offensive conduct when he: