Is Sexual Assault on a School Bus Gender Discrimination Under the New Jersey Law Against Discrimination?

By Thomas McKinney

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.

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.