Legal Question in Sexual Harassment in New Jersey

Can a company make the partners sign a waiver by making the a partner totatlly responsible on a sexual harrasment lawsuit instead of making also responsible the bussiness?

The whole company and corporate office are based in New Jersey but this particular work place in question is base in Pennsylvania

I want to know if this type of document is legal to execute by any company

I want to know if the sexual harrasment law changes between states or if the law applies to the entire United States.

I also wanted to know if I don't sign this particular document I am still responsible for any lawsuit related to a sexual harrasment issue

Thank You for your help I will be waiting for your answer


Asked on 3/22/10, 8:50 am

1 Answer from Attorneys

Locksley Wade Law Office of Locksley O. Wade

The federal law against sexual harassment (Title VII) is uniform throughout the U.S. Each state, however, may have their own laws where Title VII is the "floor which their owns laws will not fall below." For example, some states have include discrimination based sexual orientation as an actionable item in their laws against workplace discrimination.

As far as the law is concerned, a plaintiff can file suit against an employer without regard to any internal agreements that the company may have as to how liability is distributed to each partner in the business or corporate officers. Such a claims may be the subject of a different law suit because to do so -an affirmative defense called indemnification- is not allowed under Title VII.

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Answered on 3/28/10, 6:04 am


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