The New Jersey Appellate Division upheld the dismissal of an employee’s claims of constructive discharge and religious harassment as time-barred, finding that the employer’s quick response ended the alleged harassment.

The employee (a Fundamentalist Christian) allegedly received several sexually suggestive and lewd e-mails. These e-mails included a picture of a woman dancing topless and one of a drunken man who urinated on himself. He also allegedly witnessed employees cursing and displaying pornography at work. When the employee complained to his manager on April 20, 2000, the manager immediately sent an e-mail to all employees, reminding them to use the e-mail system for work only and to refrain from engaging in unprofessional behavior. The manager then held a meeting with other managers and reviewed the “zero tolerance policy” for pornography. The employee admitted that no further offensive incidents occurred after April 20, 2000.

In January 2001, after a lengthy leave of absence from which the employee never returned, his employment was ultimately terminated.

The employee waited to file suit until May 1, 2002, which was too late to save the his religious harassment claim under the New Jersey Law Against Discrimination (“NJLAD”). NJLAD claims must be filed within two years of the last act of harassment, which, in this case, was April 20, 2000. The dismissal of this claim was upheld on appeal.

The Court also upheld dismissal of the employee’s constructive discharge claim on the ground that the employee did not experience any harassment after April 20, 2000. Also rejected was the employee’s argument that it was unreasonable to have to work an additional hour each day in lieu of Sunday assignments. “An employer’s demand that an employee perform an additional four hours of paid work per week does not rise to the level of constructive discharge.”

Message to employers: don’t wait! Take prompt, effective action in response to employee complaints of harassment. If you need guidance or advice on what to do and how to do it, contact us. Pitney Hardin’s Labor and Employment Group regularly counsels employers of all sizes on discrimination and harassment investigations and implementing effective remedial action.

Oldja v. Entex IT Services, Inc., A-3994-04T1 (App.Div. February 3, 2006)