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Payton v. New Jersey Turnpike Authority6/28/1996
The opinion of the court was delivered by
D'ANNUNZIO, J.A.D.
In this action based on alleged sexual harassment, plaintiff appeals, pursuant to leave granted, from an order entered on the motion of defendant New Jersey Turnpike Authority (Authority) "protecting from discovery all investigative reports and notes relating to plaintiff's internal sexual harassment complaint, as well as the minutes of the Commissioner's April 25, 1995 Executive Session Hearing." Plaintiff also appeals, pursuant to leave granted, the denial of her cross-motion to suppress the Authority's affirmative defense that it "has taken effective remedial measures under its internal anti-harassment policy such that it is not liable for compensatory or punitive damages under Lehmann v. Toys ' R' Us, Inc., 132 N.J. 587, 626 A.2d 445 (1993)." We now reverse the protective order and remand for further proceedings.
Plaintiff, Joanne Payton, was employed by the Authority as a maintenance records clerk. She began her employment with the Authority in 1990. In September 1994, plaintiff filed a complaint with the Authority's Equal Employment Opportunity Department alleging that two Authority employees, Robert Geberth and Michael Stankowitz, violated the Authority's sexual harassment policy.
Plaintiff contends that as of March 10, 1995, the Authority had taken no action against Geberth and Stankowitz. On that date, plaintiff commenced this action in the Superior Court. In the complaint, plaintiff alleges that Geberth is the "highest ranking administrator of the unit in which the plaintiff works," and that Stankowitz is the "second-in-command" of that unit. The complaint alleges that Geberth and Stankowitz sexually harassed plaintiff "and others in her work place, retaliating against the Plaintiff when she objected to the harassment." Plaintiff also alleges that "the wrongful conduct included sexually offensive touching and other acts of such pervasiveness and severity which created a hostile work environment." The complaint includes the following specific allegations:
(a) Defendant Geberth commented about Plaintiff's clothing grabbing the bottom of her skirt and pulling it down, stated her clothes look like she is "wearing pajamas," put his hand around the Plaintiff, on her shoulder or on her knee and called Plaintiff into his office directing that she turn around so that he could look at her;
(b) Defendant Stankowitz told Plaintiff on several occasions that he was "horny" and wanted "to get laid," referred to Plaintiff's breasts and said to her "just one time," tried to look down Plaintiff's blouse and, during lunch at a restaurant, took the Plaintiff's hand and put it between his legs;
(c) During the office holiday luncheon on or about December 1993, Defendants Geberth and Stankowitz gave Plaintiff a "baby doll" nightgown. Defendant Geberth insisted that she open the gift in front of her office co-workers who were attending the luncheon; and
(d) On or about July, 1993, Defendant Geberth slapped a female co-worker on the buttocks in the presence of several co-workers, including the Plaintiff.
The complaint also states that plaintiff filed an internal complaint with the Authority in September 1994 but that "Defendants have refused to act and to eliminate the hostile work environment created by Plaintiff's superiors," and that subsequent to the filing of the internal complaint, "Defendants ostracized her and refused to communicate with her."
Plaintiff alleges that these events violated the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et seq., and she seeks compensatory and punitive damages and other relief.
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