L.W. v. TOMS RIVER REG'L SCHS. BD. OF EDUC.


915 A.2d 535 (2007)

189 N.J. 381

L.W., a Minor, by His Parent and Guardian, L.G., and L.G., Individually, Complainants, v. TOMS RIVER REGIONAL SCHOOLS BOARD OF EDUCATION, Respondent-Appellant.

Supreme Court of New Jersey.

Decided February 21, 2007.


Attorney(s) appearing for the Case

Thomas E. Monahan, Toms River, argued the cause for appellant (Gilmore & Monahan, attorneys; Michael J. Gilmore, on the briefs).

James R. Michael, Deputy Attorney General, argued the cause for respondent New Jersey Division on Civil Rights (Stuart Rabner, Attorney General of New Jersey, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel).

Lawrence S. Lustberg, Newark, argued the cause for amici curiae, American Civil Liberties Union of New Jersey, Association for Children of New Jersey, Education Law Center, Gay Lesbian and Straight Education Network of Northern New Jersey, National Conference for Community and Justice (NJ), New Jersey Family Voices, Roxbury Parents for Exceptional Children, and Statewide Parents Advocacy Network of New Jersey (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, attorneys; Emily B. Goldberg, on the letter in lieu of brief).


Chief Justice ZAZZALI delivered the opinion of the Court.

In this appeal, we must determine whether a school district may be held liable under the New Jersey Law Against (LAD or Act), N.J.S.A. 10:5-1 to -49, when students harass another student because of his perceived sexual orientation and, if so, what standard of liability governs such a cause of action.

In the fourth grade, classmates began taunting plaintiff L.W. with homosexual epithets such as...

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