L.W. v. Toms River Regional Schools Board of Education

In this appeal, we must determine whether a school district may be held hable under the New Jersey Law Against Discrimination (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 “gay,” “homo,” and “fag.” The harassment increased in regularity and severity as L.W. advanced through school. In seventh grade, the bullying occurred daily and escalated to physical…