December 06, 2005

Newark, NJ -- The American Civil Liberties Union of New Jersey praised a decision released today by the Superior Court of New Jersey Appellate Division extending anti-discrimination protections to school children subjected to bias-based bullying.

"Today's decision ensures that children receive the same protections in their schools that their parents receive in the work place," said Deborah Jacobs, Executive Director of the ACLU-NJ. "Children are entitled to a safe schoolyard free from discrimination and harassment just like adults expect in the workplace."

The ACLU-NJ and several other child advocacy organizations filed a joint amici curiae (friend-of-the-court) brief in L.W. v. Toms River Regional Schools Board of Education supporting L.W.'s claim under the New Jersey's Law Against Discrimination (LAD) and describing the negative impact that peer harassment and bullying have on students and the school environment. The Appellate Division today sided with L.W. and firmly stated that schools may be liable under the LAD for permitting student-on- student biased-based harassment.

As described in the decision, L.W., a student in the Toms River schools, was subjected to anti-gay peer harassment and bullying based on his perceived sexual orientation. As he progressed through school, the harassment increased in frequency and severity and he ultimately transferred to another school district. The Director of the New Jersey Division on Civil Rights held that the LAD protected L.W. from the harassment, using the same standard that applies to employment discrimination. The Toms River Regional Schools Board of Education then appealed the decision to the Appellate Division.

Citing New Jersey's strong public policy requiring school officials to protect children when they attend school, the Appellate Division affirmed the Director's decision that a student could make a claim against the school under the LAD, stating that "we do not believe that the legislature intended that students in our schools would be entitled to less protection from bias-based harassment than individuals in the workplace."

ACLU-NJ cooperating attorneys Gitanjali Gutierrez and Larry Lustberg of Gibbons Del Deo Dolan Griffinger & Vecchione filed the brief on behalf of the ACLU-NJ and the Association for Children of New Jersey, Education Law Center, the Gay Lesbian and Straight Education Network of Northern New Jersey, the National Conference for Community and Justice (NJ), New Jersey Family Voices, Roxbury Parents for Exceptional Children, and Statewide Parents Advocacy Network of New Jersey.

The case is captioned L.W. v. Toms River Regional Schools Board of Education, A-7084-03T5, and the Appellate Division decision is available at http://www.judiciary.state.nj.us/opinions/index.htm.