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L.W. v. Toms River Regional SchoolsBoard of Education
Oral Arguments scheduled for November 13, 2006, at 10 AM
Please be advised that the New Jersey Supreme Court will be hearing oral arguments on Monday, November 13, 2006, at 10 AM, in the matter of L.W. v. Toms River Regional Schools Board of Education. This is perhaps the most important case interpreting the NJ Law Against Discrimination (LAD) that the Court has heard in years, effecting millions of children in our State.
The legal issue before the Court is whether a public school may be held liable under the New Jersey Law Against Discrimination for student peer-on-peer hostile environment harassment, and if so, what standard of liability should apply. While this case involves a student who was a victim of discrimination on the basis of his perceived sexual orientation, the legal issues pertain to any students that are members of the protected groups contained in the LAD -- harassment and bias-based bullying in the basis of the student's race, creed, sex, national origin, disability, etc.
As you may recall, this appeal stems from a Director's Order handed down on July 26, 2004, and available at: www.njcivilrights.org/downloads/orders/LW-v-Toms_River.pdf. A copy of the Appellate Division's decision from December 7, 2005, is available at: http://lawlibrary.rutgers.edu/courts/appellate/a7084-03.opn.html
Oral arguments before the Supreme Court may be viewed on-line at: www.judiciary.state.nj.us/webcast/index.htm. Deputy Attorney General Jim Michael will be representing the Division on Civil Rights before this new Supreme Court's first oral argument involving the Law Against Discrimination.
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