Legal Question in Civil Rights Law in New Jersey

discrimation? Emotional pain

My daughter was born with scoliosis. She has been treated for it for the first 13 yeras of her life. She entered high school and her Lacrosse coach gave her a T-shirt that the coach printed herself across the back bottom of the shirt in 6'' bold red letters ''Ba Dunk A Dunk'' and was told to wear it in school. My daughter refused because it means Fat Ass. She asked why and the coach laughed. My daughter's bottom does stick out a little but this is because how the spine is alined. The coach was suspended by life on the team was living hell. Finally my daughter had to quick. It all started with this stupid saying and it has caused a lot of emotional pain for my daughter. Since the coach did it many of her teammates feel it is okay to make fun of my daughter's birth defect. The other coaches had been giving her less and less playing time so she would quit. Yesterday she had to sit the bench because she missed practice. Her coaches did not allow her to sit with her teammates, instead they may her sit by herself behind the score table. She finally stood up and asked to sit with her teammates and was told to go back to the ground. After the game . Is there any law that protectins children on sports teams for emotional pain?


Asked on 4/25/07, 3:29 pm

2 Answers from Attorneys
SAMUEL Z. BROWN THE BROWN LAW FIRM

Re: discrimation? Emotional pain

Your daughter may have a common law claim known as "Intentional Infliction of Emotional Distress." Should you wish to obtain more information about your daughter's claim, please do not hesitate to schedule a free 1/2 hour consultation with me.

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Answered on 4/25/07, 9:10 pm
Locksley Wade Law Office of Locksley O. Wade

Re: discrimation? Emotional pain

Your daughter may have a claim under the ADA. One theory of liability under the ADA is being treated differently because of perceived disability. You may want to do your own research before proceeding with such a claim in court. As an alternative, you may want t file a formal complaint with the school board -with the assistance of an attorney.

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Answered on 4/25/07, 9:29 pm


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