State civil rights officials say schools must act when harassment creates a hostile learning environment
TRENTON, NJ – New Jersey schools, colleges and universities are being reminded that they must confront discrimination and bias-based harassment, with state officials warning Tuesday that institutions can violate civil rights law when they know about serious harassment and fail to take reasonable steps to stop it.
Attorney General Jennifer Davenport and Division on Civil Rights Director Yolanda N. Melville issued the statewide reminder as students return to classrooms and college campuses for the new school year.
The officials pointed to protections under the New Jersey Law Against Discrimination, which applies to discrimination and harassment involving actual or perceived race, color, national origin, ancestry, religion, sexual orientation, gender identity or expression and other characteristics protected by law.
Schools are required to respond when peer-to-peer harassment becomes severe or pervasive enough to create an intimidating or hostile learning environment, according to the Attorney General’s Office.
An institution that knows, or should know, about such harassment and fails to take reasonable measures to stop it and prevent it from happening again may violate the state law.
New Jersey’s Anti-Bullying Bill of Rights Act also requires schools to respond to bias-based harassment and bias incidents.
The state is urging educational institutions to review existing Division on Civil Rights guidance covering bias in K-12 schools and incidents on college campuses.
Training programs remain available for educators, administrators and staff on anti-bias classroom discussions, responding to bias incidents in K-12 schools and affirming LGBTQIA+ identities in schools.
The reminder comes with a new enforcement component.
The Division on Civil Rights recently established an Education and Public Accommodation Section within its Investigations Unit.
The new section is specifically tasked with investigating discrimination and harassment claims involving schools and is intended to expand the division’s ability to identify potential violations and enforce compliance with the Law Against Discrimination.
State officials are also encouraging high school students interested in civil rights issues to participate in the 2026-2027 Youth Ambassador Program and the No Hate in the Garden State Competition.
Students, employees and community members who believe discrimination or bias-based harassment has occurred can report it to the Division on Civil Rights.
Complaints can be filed through NJCivilRights.gov or by calling 1-833-NJDCR4U.
State law also prohibits retaliation against people for reporting alleged violations, filing discrimination complaints or exercising other rights protected by the Law Against Discrimination.
Key Points
- New Jersey officials reminded K-12 schools, colleges and universities Tuesday that state law requires action against qualifying discrimination and bias-based harassment.
- Schools that know or should know about severe or pervasive peer harassment and fail to take reasonable steps to address it may violate the New Jersey Law Against Discrimination.
- The Division on Civil Rights has created a new Education and Public Accommodation Section dedicated to investigating discrimination and harassment claims involving schools.