In addition to being potentially liable for negligence for failing to take measures to prevent sexual harassment in the workplace, an employer also may be vicariously liable for a supervisor’s actions if he or she sexually harasses another in the workplace. The New Jersey Supreme Court in Aguas v. State, recently recognized an affirmative defense approved by the United States Supreme Court in Burlington Industries v. Ellerth, 524 U.S. 742, 765, 118 S. Ct. 2257, 2270, 141 L. Ed. 2d 633, 655 (1998), and Faragher v. City of Boca Raton, 524 U.S. 775, 807-08, 118 S. Ct. 2275, 2292-93, 141 L. Ed. 2d 662, 689 (1998). 220 N.J. at 499. To get the protection of this affirmative defense, an employer must prove by a preponderance of the evidence that: it did not take any tangible employment action against the plaintiff; it exercised reasonable care to prevent and to promptly correct the sexually harassing behavior; and the plaintiff unreasonably failed to take advantage of preventive or corrective opportunities provided by the employer or to otherwise avoid harm. The appellate division recently applied this concept in  Jones v. Pepper Snapple Grp., 2015 N.J. Super. Unpub. LEXIS 1848, 7-8 (App.Div. Aug. 3, 2015)