Supreme Court of New Jersey

L.W., a Minor, by His Parent and Guardian, L.G., and L.G. v. Toms River Regional…

February 21, 2007189 N.J. 381

Summary

The Supreme Court of New Jersey held that the New Jersey Law Against Discrimination (LAD) creates a cause of action against a school district for student‑on‑student harassment based on perceived sexual orientation and that liability attaches when the district knew or should have known of the harassment and failed to take reasonably calculated actions to stop it. The Court affirmed the lower court’s decision as modified and remanded for further proceedings on the reasonableness of the district’s response.