Garcia v. Union City Board of Education

Amicus brief arguing that the extended statute of limitations for civil actions by victims of child abuse apply to claims under the NJ Law Against Discrimination (LAD) and apply retroactively to claims against school districts.

In 2019, the New Jersey Legislature enacted laws implementing an unequivocal intent to provide retroactive relief for personal injuries suffered by victims of sexual abuse. The Legislature recognized that because sexual abuse – particularly of minors – represents an event that could traumatize its victim for decades, those responsible – including public employers – would be subject to retroactive civil liability under an extended statute of limitations, including under the Law Against Discrimination. In its amicus brief, the ACLU-NJ argues that the Legislature’s overarching policy choices require school boards to be subject to the same scope of liability under the Law Against Discrimination for sexual abuse by their employees.