DOES THE LAW AGAINST DISCRIMINATION PROHIBIT SEXUAL HARASSMENT BETWEEN PERSONS IN INDEPENDENT BUSINESSES;

The New Jersey Legislature enacted the Law Against Discrimination to end discrimination, including sexual discrimination.New Jersey Courts have interpreted the statute to prohibit sexual harassment, too. In the employment context, sexual harassment consists of two types of behavior: 1) quid pro quo sexual harassment occurs when an employer attempts to make an employee's submission to sexual demands a condition of employment; and 2) hostile work environment sexual harassment occurs when an employee is harassed, because of his or her sex, to a point where the working environment becomes hostile.In J.T.'s Tire Service, Inc. v. United Rentals North America, Inc., a recent decision, the Appellate Division considered the LAD scope in the context of two independent businesses. Plaintiff business sold commercial industrial tires to defendant national equipment rental company. Plaintiff's owner claimed defendant stopped buying tires because she resisted sexual advances made by defendant's branch manager. Defendant denied the claim and asserted that the LAD applied only in workplace situations and had no application where allegedly discriminatory conduct took place between employees of independent companies.The trial court granted defendant's motion to dismiss the Complaint.YOU BE THE JUDGE: Does the Law Against Discrimination apply to separate independent businesses?The Appellate Division reversed the decision of the lower court. It noted that the LAD prohibits refusals to do business with independent contractors based on age, sex or handicap. Plaintiff's claim was for quid pro quo sex discrimination so it was presumed that the conduct was committed because of the victim's sex. The decision points out that a courtroom can bring justice and may be the only way to protect your rights. Our law firm knows courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades in Ho-ho-kus, Ridgewood, Allendale, North Caldwell, Hawthorne, Wayne, Butler, Pompton Lakes, North Bergen, West Orange and throughout Bergen County, Morris County, Passaic County, Essex County and Hudson County. Please contact us to discuss how we can help you protect your rights in a new lawsuit or provide a Asecond opinion@ about your pending lawsuit. There is no obligation for the initial consultation. Copyright Samuel D. Bornstein, P.A. 2008-2010.