The Best Defense is a Good Offense

New Jersey Lawyer


In this New Jersey Lawyer article, Wilentz Employment Chair Maureen S. Binetti and Wilentz Shareholder Tracy Armstrong, also a member of the Employment Law practice, discuss the importance for employers to conduct effective workplace investigations as affirmative defense to hostile environment claims and how investigators should assess credibility in harassment cases. In their analysis, the authors consider the New Jersey Supreme Court decision in Aquas v. State of New Jersey  which set forth the requirements for asserting an affirmative defense to harassment claims. 

This article was originally published in the October 2019 issue of New Jersey Lawyer, a publication of the New Jersey State Bar Association, and is reprinted here with permission.