Costello & Mains, P.C., the leading law firm in the state of New Jersey advocating for students harassed, bullied, cyber‑bullied and intimated in school based upon sexual orientation, sex and gender identity, applauds the recent passage of the New Jersey Anti‑Bullying Law.
“The new law sets a rigorous standard for development of anti‑bullying programs, standards for investigating claims of bullying, mandatory reporting of bullying data and other measures which we hope will start to chip away at the culture of silence and ignorance that has surrounded school bullying in this state,” says partner, Kevin Costello. Yet Kevin warns that the anti‑bullying law does not authorize private lawsuits on behalf of aggrieved children or families, even if the school fails to follow the law, and for this reason, although the law is often touted as “the strongest anti‑bullying law in the country,” it really doesn’t go far enough. “Without a mechanism to privately enforce these standards when they’re ignored and harm results,” says Kevin, “I’m afraid that the law may end up being a ‘paper tiger’.”
While he admits that, as a
civil rights lawyer who brings affirmative lawsuits on behalf of individuals in court, often challenging Fortune 100 and 500 corporations, and federal and state entities, Kevin might have a bias in favor of lawsuits as a way of curing problems, Kevin defends his observation: “I can’t see what the law actually does to a school district that doesn’t adhere to its standard. I’m very concerned that the law simply requires standards ‘in a vacuum’ and that, in the event that a school district fails to obey the standards, there is no real liability for the school district independent of the separate lawsuit which this law doesn’t authorize.”
There’s always hope, however, for students whose bullying experience touches on sexual orientation and sexual issues, says Kevin, because even though new Bullying Law doesn’t authorize a private lawsuit when its standards are violated, the New Jersey
Law Against Discrimination does. The LAD protects students from sexual orientation, gender-orientation, sexual and other forms of bias‑based harassment at schools. “Where the Bullying Law applies to all types of bullying, both bias-based and otherwise, the LAD, though narrow in its attention, does provide a private remedy against school entities which fail to prevent, investigate and stop bias-based bullying and harassment,” says Kevin.
“Until the Bullying Law is amended to allow a private right of action against schools that fail to uphold the standards for all types of bullying, this law doesn’t go far enough. Although I’m pleased to see it, its supporters really should stop calling it “tough” because, in my experience, “tough” means that someone is actually held responsible for failure. This law seems to be missing that piece.”
“I hope a child doesn’t have to have his or her life ruined, or ended,” says Kevin, “before we realize that the Bullying Law has to have teeth.”
The employment and civil rights law attorneys at Costello & Mains, P.C. are dedicated to protecting the rights of New Jersey workers, students and families. If you suspect your employment, educational or civil rights have been violated, visit http://www.costellomains.com/ today for a free legal evaluation of your claim. We protect everyone from Wage and Hour abuse, Workplace Retaliation, Whistleblower Retaliation and Discrimination or
Harassment in Employment, Places of Public Accommodation and in Schools on the basis of race, gender, religion, sexual orientation, transgendered status, ethnicity, military service, parental status, national origin, disability and handicap.
About Costello & Mains, P.C.
Kevin Costello and Deborah Mains have been fighting for the workers of New Jersey for nearly 35 years between them, having counseled and represented unions, workers, students and their families for their entire careers. They can fight your employment rights, harassment, retaliation, discrimination or wrongful discharge claim in Court. If you have questions about employment rights in New Jersey, visit http://www.costellomains.com/.
