N.J. attorney general found evidence that Cinnaminson school discriminated against women on parental leave

The Cinnaminson School Board violated anti-discrimination laws by refusing to allow three women employees to coach extracurricular activities while on parental leave, state Attorney General Matthew J. Platkin announced Wednesday.

Platkin and the Division on Civil Rights issued findings of probable cause in the three cases involving allegations against the Burlington County school system. The women challenged a policy that prohibited employees on leave from coaching or participating in extracurricular activities, he said.

The women filed separate cases alleging the district’s policy violated the New Jersey Law Against Discrimination and the New Jersey Family Leave Act.

The Division on Civil Rights investigated their claims and sided with the women, finding sufficient evidence to conclude that the policy “has a disparate impact based on gender and pregnancy,” both a violation of anti-discrimination laws, Platkin said.

“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,” Platkin said in a statement. “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.”

The women were prohibited from working part time as coaches while on leave, which “likely violates” the New Jersey Family Leave Act, he said. Their names were not released.

Cinnaminson School Superintendent Stephen Cappello said Wednesday in a statement he was surprised by Platkin’s announcement, and said the district has “never had an opportunity to communicate directly with the Division of Civil Rights about these cases.”

“Salary equity and rich family leave policies are one of the many reasons that public education in New Jersey offers one of the most family-friendly workplaces for working parents,” Cappello said. “In light of today’s announcement, we will conduct a review of our current practices, to ensure they are serving the needs of both our employees and our students.”

With the finding of probable cause, the cases move to conciliation to seek to reach a voluntary resolution. If a settlement is not reached, a deputy attorney general would be appointed and the matter would be prosecuted in Superior Court or the New Jersey Office of Administrative Law.

During its investigation, the Division on Civil Rights found that between 70% and 75% of Cinnaminson’s school staff were women. About 80% of the leaves were taken by women to care for a new child, the state found. The district awarded 72% of its extracurricular positions to men, the state said.

Women are more likely to take extended leave to care for a new child or bond with a new child, the state said. Because of that, women are more likely to be impacted by the district’s policy preventing them from participating in extracurricular activities over the course of an entire season, Platkin said.

The three women affected by the policy were on family leave following pregnancy and the birth of a child, Platkin said.

In one case, an employee who had been a head coach for two years was not allowed to return to coach the same sport because she was on parental leave during the season, according to Platkin. Another woman who had coached the same sport for more than a decade was barred from resuming her coaching duties. In the third case, an employee was forced to cut her leave short in order to return to coaching.