Hostile Work Environment Claim Dismissed Where Employer Took Prompt Action Following Report, and Had a Comprehensive Harassment Policy in Place

D.M. v. Walgreens Pharmacy, Inc., 2008 WL 2917121 (App. Div., July 31, 2008) – The Appellate Division here affirmed dismissal of a sexual harassment/hostile work environment claim where the employer took prompt action to investigate and remedy the situation and the employer had in place a well-publicized, comprehensive anti-harassment policy, which the employer took affirmative steps to disseminate through an orientation program.  Significantly, the plaintiff’s claim that she never received the orientation or policy, which is frequently alleged by sexual harassment plaintiffs, was insufficient to salvage her claim, in light of testimony by other employees that the policy was disseminated at orientation. The D.M. case reemphasizes the extreme importance of adopting and effectively disseminating a non-harassment policy and responding promptly to complaints received under the policy. 

Note: This article appeared in the September 2008 issue of the New Jersey eAuthority.