Fox Rothschild LLP
Richard B. Cohen
February 27 2012
A federal appeals court, in a recent decision which it declared is “not precedential,” dealt with a situation where a woman’s supervisor repeatedly called, emailed and confronted her, at home and at work, after she rebuffed his romantic overtures to her.
In granting summary judgment to the employer, the Court, construing her claims for “hostile work environment” and “constructive discharge” under the relevant New Jersey employment discrimination statutes (which are not unlike the federal statutes), held that the supervisor’s conduct "was not severe or pervasive enough to establish a hostile work environment," and that his conduct was not sufficiently "outrageous, coercive and unconscionable" to constitute a claim for constructive discharge when she claimed that she was forced to quit.
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