In what may be a first, the NJ Supreme Court has ruled that the state's Law Against Discrimination also covers bullying in schools, and in particular, the bullying of students based upon their sexual orientation whether actual or perceived. Ruling 7-0, the court ruled in favor of the plaintiff in L.W. vs. Toms River Regional Schools Board of Education(pdf). L.W. was a 4th grader when he was first taunted with anti-gay epitaths.
The harassment eased up for a couple years and then resumed in high school. By this time, the actions of the bullys had escalated into physical attacks on L.W. L.W. eventually withdrew from high school.
The taunting of L.W. continued on an almost daily basis over the next several years and escalated into physical attacks. The school responded first by talking to the aggressors and eventually detention and suspension for them. L.W. nonetheless missed many days of school due to fear and intimidation before eventually withdrawing while in high school.
Today, the NJ Supreme Court held that
The New Jersey Law Against Discrimination recognizes a cause of action against a school district for student-on-student affectional or sexual orientation harassment. A school district is liable for such harassment when the school district knew or should have known of the harassment but failed to take actions reasonably calculated to end the mistreatment and offensive conduct.
The court held that students in the public school system are entitled to the same protections employees receive in the workplace - to be free from harassment and bullying.
As many of us know all to well, school can be fraught with danger-both verbal and physical-for gay students. Students deemed by their peers to be gay or lesbian are taunted, beaten, and spit upon. Often it occurs under the watchful eye of teachers and administrators who choose to ignore it. Many times if something is done, it is punishment for the victim of the bullying while the perpetuators are not.
At least in NJ, schools can no longer ignore the bullies and the bullyings. They are now forced to take action against the bullies who think LGBT students are an easy target.
It's about time.
Hat tip to Garden State Equality.