New Jersey Invalidates Non-Disclosure Provisions In Discrimination, Harassment, and Retaliation Settlements, and Prohibits Preemptive Waiver of Statutory Rights
As of March 18, 2019, employers covered by New Jersey law can no longer enforce employment contracts or settlement agreements that conceal the details of alleged claims of discrimination, harassment, or retaliation. This change in the law comes as an amendment to the New Jersey Law Against Discrimination (NJLAD), N.J.S.A. 10:5-1, et seq. The amendment, which was brought about by Senate Bill 121, and signed into law by New Jersey Governor Phil Murphy, also renders unenforceable any contractual provision wherein an employee agrees to waive any substantive rights relating to claims of discrimination, retaliation, or harassment, including any prospective waiver of rights under NJLAD, or any other statute or case law.