New Jersey Training laws & HR compliance analysis

New Jersey Training: What you need to know

State law does not require training regarding an employer's policy on sexual harassment. However, the state Supreme Court has ruled that the "mere implementation and dissemination of antiharassment procedures" does not alone constitute evidence that an employer has exercised due care in preventing harassment in the workplace (Gaines v. Bellino, 173 N.J. 301 (2002)). The court cited several factors as being relevant to determining whether an employer has failed to establish an effective antiharassment policy, including the existence of (1) formal policies prohibiting harassment, (2) complaint procedures for employees' use, (3) antiharassment training, which must be mandatory for supervisors and managers and available to all employees, (4) monitoring to check the effectiveness of policies and procedures, and (5) an unequivocal commitment from the highest levels of management that harassment would not be tolerated.
A state appellate court cited the Gaines case when it ruled that an employer failed to prove that it had established an effective antiharassment policy (Allen v. Adecco, Inc., A-1708-09T2 (N.J. Super. Ct. App. Div. 2011)). The employee in this case had been placed through a temporary agency, so the employer did not provide her with a copy of its antiharassment policy or require her to attend training. In ruling for the employee, the court noted the lack of training and the employer's failure to monitor the workplace effectively for offensive conduct.
Because of these court decisions, employers in New Jersey should provide training for supervisors and employees about antiharassment policies and complaint procedures. Training enables supervisors to properly address complaints of sexual ...

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