Dunkley v. S. Coraluzzo Petroleum Transporters

Plaintiff has submitted a petition for certification of the judgment in A-003252-12 to this Court.

In Aguas v. State, 220 N.J. 494, 522-24, 107 A.3d 1250 (2015), we adopted the affirmative defense established by the Supreme Court in Burlington Industries v. Ellerth, 524 U.S. 742, 765, 118 S.Ct. 2257, 2270, 141 L.Ed.2d 633, 655 (1998) (the “Ellerth/Faragher test”). That standard imposes on the defendant employer the obligation to prove, by a preponderance of the evidence, first, “that the employer exercised reasonable care to prevent and to correct promptly sexually harassing behavior,” and…