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Supervisor Liability Under LAD Clarified

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The New Jersey Supreme Court held in the Cicchetti case that a supervisor can only be held personally liable under the NJLAD if he/she was an “aider or abettor,” which “require[s] active and purposeful conduct.” Although several questions about individual liability remain – such as whether a non-supervisory employee can be held individually liable under the NJLAD – the Court definitively held that a supervisor who is merely accused of failing to respond promptly to complaints of harassment or discrimination cannot be personally liable under the NJLAD.

Cicchetti v. Morris County Sheriff’s Office, A-102-06, (N.J. May 28, 2008) – The New Jersey Supreme Court held in the Cicchetti case that a supervisor can only be held personally liable under the NJLAD if he/she was an “aider or abettor,” which “require[s] active and purposeful conduct.”  Although several questions about individual liability remain – such as whether a non-supervisory employee can be held individually liable under the NJLAD – the Court definitively held that a supervisor who is merely accused of failing to respond promptly to complaints of harassment or discrimination cannot be personally liable under the NJLAD.

Note: This article was published in the June 2008 issue of the New Jersey eAuthority.
 
 

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