Baliko v. International Union of Operating Engineers

This is the third appeal relating to a claim for damages asserted by three female construction workers against the defendants, a labor union local and two of its members, for sexual discrimination in violation of N.J.S.A. 10:5-12, a provision of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -42 ("LAD"). In Baliko v. Stecker, 275 N.J. Super. 182 (App. Div. 1994) ("Baliko I"), we concluded that plaintiffs second amended complaint asserting individual claims for sexual harassment in violation of the LAD could not be summarily dismissed on defendants motion for summary judgment. Thus, we affirmed an interlocutory order of the Law Division denying defendants motion for summary judgment. We remanded to the Law Division for a jury trial. Id. at 194.