lehman v Toys R Us nj 1993 Those reliable 1 company 2 Baylons harasser Lehman s boss 3 HR 1 Facts Lehman plaintiff was a supervisor and baylon was her boss Baylon was making comments and touching employees under Lehman s supervision Later he began inappropriate remarks and comments to Lehman He lifted her shirt exposing her bra strap makes comments on her butt and tells her to show one of the employ ees her breasts so hes not upset about the company not accepting his report she then compains to the boss who says hes a family man and it would upset him she then goes to HR and HR checks with other females to see if it was an accurate claim HR tells plaintiff to keep a diary She complains more and the HR Rep accuses her of being paranoid company offers plaintiff a transfer she declines this leaves her not many options constructive discharge leaving because it s a hos tile work environment Plaintiff quits constructive discharge 2 Procedures NJ Law Against Discrimination LAD She also charges for battery since he touched him she gets a 6 day bench trail in the law division and the judge awards 5k for the battery charge She appeals to the appellate division 3 Issue how can a plaintiff establish hostile work environment case 4 Holding reasonable woman standard plaintiff has to prove 1 conduct occurred because of plaintiffs sex 2 severe or pervasive 3 that that a reasonable woman finds offensive 4 creating hostile environment case gets remanded 10 24 Liability principal agent Is the company liable 1 2 HR 1 policies defined zero tolerance complaint process Liability damages pay 2 trainings Assuming the plaintiff wins 1 a back pay b reinstatement Liability Equitable Damages employer is always liable for equitable damages 2 Compensatory damages Depends on applying agencies standards if the employer has been negligent they may be liable for compensatory damages Agency Principal employer agent baylous outside scope of employ ment 3 Punitive Damages employer NOT liable unless employer authorized it participated ratifies it 10 28 13 Employee Polygraph Protection Act Federal law Polkey v Transtecs 11th circuit us court of appeals 2005 FACTS Polkey is plaintiff and Transtecs is defendant Defendant contract DOD us divi sion of defense mailroom service plaintiff 1998 2000 supervises 5 clerks in the mailroom Find unopened xmas cards not delivered to the right people The 5 clerks are asked who did it and none confess They ask the employees to take a voluntary polygraph test They test the first em ployee Cole indication of deception Other 5 employees are asked to take the poly graph they refused One week later Polkey is terminated because she had violated policy PROCEDURE Plaintiff brings a lawsuit under the EPPA employee polygraph protec tion act to the US District court plaintiff files for summary judgement and gets it The defendant appeals this decision ISSUE Whether the defendant violated the EPPA HOLDING Yes Defendant argued exceptions 1 national defense court denies this exception to them this is a private sector and didn t have to do with public intelligence 2 continuing investigation the reject this exception too here you have to have rea sonable suspicion that the plaintiff did something wrong ADA Americans with Disability Act 1990 rehab act 1973 federal funding NJLAD disability all employees EEOC at least 15 employees handicap disability both have the same definition 1 2 diagnosed with a disability some record of a disability The Employer needs notice of the employees disability 3 regarded as or perceived to be disabled qualified individual with a disability Application process screening ask about disability you cant because it violates the ADA physical exam is illegal too unless theres been accepted offer and contract it must be a contingent off meaning they pass the physical exam personality test mental impairment cant for this because it goes with disability personality traits Karraker v Rent Center Inc Facts plaintiff seeks promotion The company had a rental furnature company You can eventually buy the furniture if you d like 3 levels at company Entry level mid man ager manager Karraker wants promotion and they ask her for a psych aptitude test depression mania traits denied promotions others asked for one too PROCEDURE Plaintiffs sue using the ADA and Ill privacy US District Ct sum mary judgement to defendant 0 plaintiffs appeal ISSUE Whether the defendant violated the ADA HOLDING Yes they did violate and overturn the lower court decision it was seen as a pre employment medical exam 10 31 13 Tort when one party inflicts some sort of harm on another intentional or negligence ie personal injury such as auto or slip and fall product liability If you do get hurt you have to go through workers comp WOKERS COMP Workplace injuries 1 2 3 antiquity 2500 bc had comp schedules Fedualism Lord you early industrial unholy trinity of defenses 1 contributory negligence the plaintiff contributed to his or her own injury 2 fellow servant if the employer can show that another worker was partly to blame they can also avoid paying you money 3 assumption of risk 4 Reforms Current 1 no fault 2 exclusive remedy no lawsuit 3 state laws govern each state has its own system 4 Benefits would be compensation of medi cal benefits pros cons 5 Public Policy implied contract constitution 2st and 4th title VII polygraphys psych testing FMLA federal allows you to take time off and come back to your job after v NJFLA state 1 2 Employer 50 employees FMLA and NJFLA 20 work weeks per year employee must be an employee for one year to request time off FMLA NJFLA FMLA must have worked 1250 hours NJFLA must have worked 1000 hours 3 circumstances 1 birth adoption of a child FMLA and NJFLA 2 serious med ical condition for child spouse or parent FMLA and NJFLA 3 employees serious medical condition FMLA N A for NJFLA 12 weeks unpaid leave within every 12 months FMLA 12 24 months for NJFLA 4 Same under both FMLA NJFLA for the following 5 Notice 30 days reasons 6 medical certification 7 intermittent leave 8 retain job 9 health benefits 11 4 13 26 weeks unpaid medical leave automatically terminated if you exceed the term of leave Gerety v Hilton NJ 2005 Plaintiffs are husband and wife Gerety and they worked for hilton FACTS defendant policy 1 2 Plaintiff has a difficult pregnancy and complications arise she exceeds the 26 weeks and was terminated PROCEDURE goes to EEOC NJDCR then goes to Law Division and files for sex dis crimination