Ilda Aguas v. State of New Jersey (072467)

In Lehmann v. Toys ‘R’ Us, Inc., this Court held that an employer may be vicariously liable, in accordance with principles of agency law, for sexual harassment committed by a supervisor that results in a hostile work environment. 132 N.J. 587, 592, 626 A.2d 445 (1993). Citing Restatement (Second) of Agency § 219(2) [hereinafter Restatement ], the Court held that when a supervisor acts beyond “the scope of his or her employment, the employer will be vicariously liable if the employer contributed to the harm through its negligence, intent, or apparent authorization of the harassing conduct, or…