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LEHMANN v. TOYS `R' US, INC.

132 N.J. 587 (1993)

626 A.2d 445

THERESA LEHMANN, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. TOYS 'R' US, INC., A CORPORATION, DON BAYLOUS, AND JEFFREY WELLS, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS.

The Supreme Court of New Jersey.

Decided July 14, 1993.

Attorney(s) appearing for the Case

Fredric J. Gross argued the cause for appellant and cross-respondent.

James R. Williams, a member of the New York bar, argued the cause for respondents and cross-appellants (Greenberg, Dauber & Epstein, attorneys; Mr. Williams, Scott T. Baken, a member of the New York bar, and Ina B. Lewisohn, of counsel).

Alexander P. Waugh, Jr., Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney; Jeffrey C. Burstein, Deputy Attorney General, on the brief).

Nadine Taub and Michelle Joy Munsat submitted a brief on behalf of amici curiae Women's Rights Litigation Clinic and NOW-NJ.

Paul I. Weiner submitted a brief on behalf of amicus curiae Employment Law Council (Timins & Weiner, attorneys).

The opinion of the Court was delivered by GARIBALDI, J.

This appeal presents this Court with two questions concerning hostile work environment sexual harassment claims under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42 (LAD). First, what are the standards for stating a cause of action for hostile work environment sex discrimination claims? Second, what is the scope of an employer's liability for a supervisor's sexual harassment that results...

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