MUENCH v. TOWNSHIP OF HADDON


255 N.J. Super. 288 (1992)

605 A.2d 242

HELEN S. MUENCH, PLAINTIFF-APPELLANT, v. TOWNSHIP OF HADDON, TOWNSHIP OF HADDON POLICE DEPARTMENT, ROBERT SAUNDERS, WALTER AARON AND JOSEPH TORTORETO, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided March 27, 1992.


Attorney(s) appearing for the Case

Richard E. Yaskin argued the cause for appellant (Evans & Yaskin and Philip L. Faccenda, P.A., attorneys; Richard E. Yaskin and Philip L. Faccenda on the joint briefs).

G. Paul Crawshaw argued the cause for respondents Township of Haddon, Township of Haddon Police Department, Robert Saunders and Walter Aaron (Crawshaw & Mayfield, attorneys; William J. Thomas on the joint briefs filed by respondents).

Thomas M. Barron argued the cause for respondent Joseph Tortoreto (Ferg, Barron, Mushinski & Gillespie, attorneys; Thomas M. Barron on the joint brief filed by respondents).

Robert J. Del Tufo, Attorney General of New Jersey, attorney for amicus curiae Division of Civil Rights (Andrea M. Silkowitz, Assistant Attorney General, of counsel; Lynn B. Norcia, Deputy Attorney General, on the brief).

Before Judges MICHELS, O'BRIEN and HAVEY.


The opinion of the court was delivered by HAVEY, J.A.D.

In this action commenced in the Law Division under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, the central issue is whether plaintiff must prove overt sexual conduct in the work place to establish a claim of unlawful discrimination based on sexual harassment. We conclude that no such showing need be made. We hold that harassment based solely on gender, which creates a hostile...

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