Cinnaminson School Board Likely Violated Anti-Discrimination Law: AG

Update: This article now includes a statement from Cinnaminson Superintendent Stephen Cappello.

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.

District leadership was "surprised" by the state's announcement of the findings, according to Cinnaminson's superintendent.

"We regret that this information was communicated to the public in such a misleading manner, which suggests that a definitive finding has been made," Stephen Cappello said in a statement. "In reality, over the last two years, as we have fully complied with electronic requests for information, we have never had an opportunity to communicate directly with the Division of Civil Rights about these cases." (View Cappello's full statement below.)

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.

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.

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.

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.

Superintendent's Statement

Here's Cappello's full statement:

“Earlier today (Wednesday), Attorney General Matthew Platkin released a statement announcing the finding of probable cause in three cases involving alleged gender and pregnancy discrimination against the Cinnaminson Board of Education. We were surprised by today’s announcement, and we regret that this information was communicated to the public in such a misleading manner, which suggests that a definitive finding has been made. In reality, over the last two years, as we have fully complied with electronic requests for information, we have 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. We are proud to be part of that tradition. As a father of four, I know firsthand how important it is to create a positive culture where employees feel valued and respected. In partnership with the Cinnaminson Board of Education, and the labor organizations representing our employees, we remain committed to the well-being of all employees and take great pride in supporting them throughout their careers, and especially when they choose to start a family. 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. We look forward to the forthcoming process and the opportunity to demonstrate our commitment to an equitable working environment for all our employees.”