CINNAMINSON, NJ — The Cinnaminson school board likely violated anti-discrimination law by prohibiting employees on leave from coaching or participating in after-school activities, according to findings by state investigators.
Three women employed by Cinnaminson Township Public Schools filed separate complaints with the state Division on Civil Rights (DCR) against the policy. All three employees were prevented from coaching while on family leave following pregnancy and the births of their children, state authorities said Wednesday.
The DCR has issued findings of probable cause, indicating that the division has sufficient evidence that the Cinnaminson Board of Education’s policy had a disparate impact based on gender and pregnancy.
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Patch contacted the school board president, district superintendent and district solicitor for comment and will update with any responses.
When the DCR issues findings of probable cause, the division scheduled a conciliation conference to see if the conflicting parties can settle the dispute. If an agreement isn’t reached, the case may then get prosecuted in Superior Court or receive a hearing before an administrative-law judge.
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In one case against the Cinnaminson school board, an employee who served as head coach for two years was prohibited from returning to coach the same sport because she was on parental leave during the season, authorities said.
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The policy also prevented a woman who had coached the same sport for more than a decade from returning to her coaching duties nine months after giving birth, according to the state attorney general’s office (OAG), which oversees the DCR. In the third case, an employee had to cut her leave short to return to coaching, even though the district allowed her to coach during several prior maternity leaves.
The OAG didn’t disclose the employees’ names or when the alleged actions occurred — information that typically remains confidential unless a matter results in a lawsuit.
State authorities determined that the district policy likely violates the New Jersey Law Against Discrimination and the New Jersey Family Leave Act. Since women and pregnant people are more likely to take extended leaves to care for or bond with a child, the school district’s policy is more likely to preclude them from coaching and extracurriculars, according to the state.
“New Jersey’s anti-discrimination laws do not permit employers to follow the all-too-familiar view that a woman must choose between having a career and having a child,” said Attorney General Matthew J. Platkin. “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.”
Seventy to 75 percent of the school district’s staff are women, who also account for 80 percent of leaves taken by district employees to care for or bond with a child, according to the DCR’s findings. Nonetheless, men hold 72 percent of the district’s extracurricular positions, authorities said.
The New Jersey Law Against Discrimination is the state’s primary anti-discrimination law, while the New Jersey Family Leave Act protects workers taking family leave.
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