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School district not liable for security guard's racial epithet.

January 1, 2019
N.W. v. Greater Egg Harbor Reg. High School Dist., Docket No. A-5079-16T4 (App. Div., Dec. 5, 2018)

During a confrontation between a student and a school security guard, it was alleged that the guard used a racial epithet. The school district investigated the allegation and found that the student’s claim was “plausible.” The security guard was suspended for five days and ordered to undergo additional training. The student then commenced a claim under the NJLAD, alleging discrimination in a public accommodation. In upholding the dismissal of the claim, the Appellate Division noted that there was no history of discriminatory conduct by the security guard, that the district had a policy in place for dealing with claims of discrimination, and that prompt action had been taken. The court held that, under the facts of the case, the school district could not be liable for the actions of the security guard, which were clearly beyond the course of his employment.

 

Case Law Alerts, 1st Quarter, January 2019

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