Expanded Sexual Harassment Protections in New Jersey

March 21, 2019

New Jersey is the most recent state to pass legislation apparently inspired by the #MeToo Movement. On March 18, 2019, New Jersey Governor Phil Murphy signed into law an amendment to the state’s anti-discrimination law that prohibits certain non-disclosure and settlement agreements in employment contracts. The amended New Jersey Law Against Discrimination (“NJLAD”) prohibits provisions in employment contracts that have the “purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment” and further invalidates any provisions that “waive any substantive or procedural right or remedy relating to a claim of discrimination, retaliation, or harassment.” The law also contains an anti-retaliation clause which prohibits employers from taking adverse action against employees or prospective employees who refuse to sign a policy that includes one of the unlawful provisions described above. The law is effective immediately and applies to agreements entered into, renewed or modified as of March 18, 2019.

Additional information on the law can be found here.

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The proceeding information is provided for informational purposes only, should not be construed as or relied upon as legal advice and is subject to change without notice. If you have questions concerning particular situations, specific payroll administration or labor relations issues, please contact your counsel.

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