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The New Jersey Law Against Discrimination (LAD) prohibits discrimination and bias-based harassment directed towards many protected classes, including gender, that occurs in employment, housing, and places of public accommodation. C.V. v. Waterford Township Board of Education considered a minor’s allegations of being sexually assaulted by a bus aide while being transported to and from school. The minor’s parents sued and claimed that this act of sexual misconduct performed on a minor fell under the New Jersey Law Against Discrimination, as the bus aide acted on account of the minor’s female gender. The Appellate Court concluded that the New Jersey Law Against Discrimination did not apply because the bus aide admitted to sexually abusing both genders and he acted on compulsion, not gender.
The Supreme Court of New Jersey agreed to hear this case on appeal to decide if the sexual abuse is gender discrimination under the LAD. A decision is expected later this year.