Advertising Disclosure Email Disclosure

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

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2019 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Lawrence B. Berg
(856) 414-6031

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."