You be the Judge: Sexual Harassment

If you are aware of sexual harassment in a school district, this may interest you.

The New Jersey Supreme Court recently reviewed whether a school district can be liable for student-on-student sexual harassment.

In the case under review, a student had complained to his teachers that fellow students used anti-gay comments and occasionally assaulted him.  Administrators tried to deal with the problem through lectures, detentions and an occasional suspension to tormentors.  Nothing effective was done for plaintiff until he was eventually transferred to an out-of-town school at the expense of the school district.

The school district had anti-harassment policies in place.  It argued to the Court that it could not be liable unless 1) the harassment was severe, pervasive and objectively offensive and 2) the district was deliberately indifferent to the harassment. 

YOU BE THE JUDGE: Can a school district be liable for sexual harassment if teachers know about it but they fail to react promptly and effectively?

The Supreme Court noted that New Jersey's Law Against Discrimination (LAD) is broader than the school district claimed.  Since the LAD is routinely available to protect against workplace discrimination; the Court found it would be incongruous if students had lesser rights.

The Court held that students are also protected by the LAD.  The Court also noted a district will be shielded from liability if its preventive and remedial actions against peer harassment are reasonable in light of the totality of the circumstances.  Since this analysis requires a fact-sensitive, case-by-case analysis, the case was remanded for a determination of whether the school board's actions were reasonable at the time.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or provide a "second opinion" about your pending lawsuit. There is no obligation for the initial consultation. 

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