Third Circuit Issues Major Employment Law Decision Affecting New Jersey Sexual Harassment Claims

The United States Court of Appeals for the Third Circuit recently issued an important decision on the law of sexual harassment in the case of Sheri Miransky versus Susquehanna County and Thomas Yadlosky, Jr.  The Third Circuit hears appeals from the Federal District Courts of New Jersey, Pennsylvania, Delaware and the Virgin Islands.  Its decisions are binding on questions of federal law in New Jersey.  The only higher court in the nation is the United States Supreme Court. The Facts The facts are long, but generally speaking Sheri Minarsky suffered from years of significant sexual harassment by her supervisor.  She did not complain for several years because she feared retaliation, which the supervisor threatened, and because she saw that upper management knew of his harassment against other employees and did nothing.  Finally after four years she did complain, and her supervisor was fired. Continue reading

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