NJ Attorney General Takes Action Against Cinnaminson Board of Education for Discrimination

Findings reveal policy violations against gender and pregnancy, highlighting a significant clash with New Jersey's anti-discrimination laws.

New Jersey Attorney General Matthew J. Platkin, alongside the Division on Civil Rights (DCR), has issued Findings of Probable Cause against the Cinnaminson Township Board of Education for alleged violations of the New Jersey Law Against Discrimination (LAD) and the New Jersey Family Leave Act (NJFLA). 

The controversy centers around the Board's policy that restricts employees on leave from participating in coaching or other extracurricular activities, a move that has sparked allegations of gender and pregnancy discrimination.

Three female employees of the school district initiated complaints after being barred from coaching extracurriculars while on parental leave, challenging the fairness and legality of the policy. 

DCR's investigation concluded that the policy disproportionately impacts women and pregnant individuals, violating the LAD by having a disparate impact based on gender and pregnancy. Additionally, the findings indicated a breach of the NJFLA, which safeguards an employee's right to part-time work during family leave.

Attorney General Platkin emphasized the importance of New Jersey's anti-discrimination laws in protecting employees from having to choose between career and family. 

"These cases serve as a reminder that employment policies and practices cannot punish an employee for taking time off to bond with a new family member," Platkin stated.

Sundeep Iyer, Director of the DCR, highlighted the critical nature of these protections for New Jersey families, affirming the state's dedication to enforcing laws against discriminatory practices that disproportionately affect women and pregnant individuals. 

The findings pointed out that such policies indirectly penalize women, who are more likely to take extended leaves for childbirth and care, thereby limiting their opportunities in extracurricular leadership roles.

Notably, DCR's inquiry revealed that while women and pregnant people represent a significant portion of staff taking leave for new child care, a disproportionate number of extracurricular positions were awarded to men. 

This discrepancy underscores the policy's negative impact on female employees' participation in extracurricular activities, contrary to NJFLA regulations that allow for part-time employment during family leave.

The cases in question involve women who were unduly prevented from returning to coaching positions due to the contentious policy, with instances ranging from denial of return after maternity leave to being forced to shorten leave to retain coaching roles. 

These enforcement actions mark a crucial step in challenging discriminatory practices and affirming the state's commitment to equal employment opportunities and family rights.