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Chrisanthis v. County of Atlantic6/30/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued May 21, 2003
Pursuant to the terms of an agreement between defendant Correctional Healthcare Solutions, Inc. (CHS), and defendant Atlantic County (County), CHS provided healthcare services to inmates incarcerated at the Atlantic County Justice Facility (Facility). Plaintiff Giselle Chrisanthis is a licensed practical nurse who was employed by CHS to provide services at the Facility. Plaintiff alleged that, during the course of her employment, she was sexually harassed by defendant Sean Thomas, who was a supervising corrections officer employed by the County.
Plaintiff brought an action under the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1 to -49 (LAD), against the County, Thomas, and CHS, seeking money damages for"hostile work environment sexual harassment." Judge Higbee granted the County's and Thomas's motions for summary judgment. The sole issue on appeal pertains to the summary judgment motion granted in favor of the County. After summary judgment was granted, plaintiff and Thomas entered into a stipulation of dismissal, dismissing with prejudice all claims, including Thomas's counterclaims, they had against each other. Plaintiff then entered into a consent order dismissing without prejudice her claims against CHS. Recognizing that the LAD applies to employer-employee relationships only and does not protect independent contractors, the judge determined that the proofs were insufficient to establish an employment relationship between plaintiff and the County to support LAD liability. Plaintiff appeals, contending she presented sufficient evidence to withstand summary judgment and the issue, for LAD purposes, of County employment, should have been presented to the trier-of-fact. We disagree with plaintiff and affirm.
I.
Located in Mays Landing, the Facility is a"maximum, medium and minimum detention facility" that houses sentenced and pre sentenced men and women. The jail population averages about 975 persons who require medical, dental and mental health services. During 1995 and earlier, the nursing component of these services was performed by County employees.
On September 27, 1995, the County issued a Request For Proposals (RFP), inviting health care contractors to submit proposals to perform medical, dental and mental health services at the Facility beginning on January 1, 1996. The RFP outlined the County's requirements for services and specified that the"Health Care Contractor is at all times hereunder acting and performing as an independent contractor to coordinate the provision of professional services within the scope of the authority conferred by this Agreement."
The RFP also contained a provision concerning"County Satisfaction with Health Care Personnel," which stated:
If the County should become dissatisfied with any health care personnel and/or subcontractor provided by the Health Care Contractor, the Contractor, in recognition of the sensitive nature of correctional services, shall, following receipt of written notice from the County of its dissatisfaction and the reasons thereof, exercise its best efforts to resolve the problem and, if the problem is not resolved, remove the individual about whom the County has expressed its dissatisfaction. The Contractor will be allowed a reasonable time prior to removal to find an acceptable replacement.
In response to the County's RFP, CHS submitted a proposal detailing its plan to provide the requested services. CHS's proposal specified that it would hire personnel to provide the services, subject to"Atlantic County's approval," which evidently meant that
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