• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

McOmber McOmber & Luber, P.C.

Business & Employment Lawyers Red Bank & Marlton New Jersey

732-842-6501
  •   Free Consultation
  • Home
  • Firm Overview
    • History of the Firm
    • Attorney Referrals
    • NJ Civil Certified Attorney
    • 50 Year Anniversary
  • Practice Areas
    • Business Law
      • Business Law Practice Areas

      • Business Formation
      • Buy-Sell Agreements
      • Commercial Disputes
      • Dispute Resolution and Arbitration
      • Shareholder Disputes
    • Class Actions
      • Class Action Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Misclassified Employees
      • Consumer Fraud Attorney
      • Data Breach Lawyer
    • Collections
      • Collections Practice Areas

      • Commercial Collections
      • Debt Collections
      • Judgment Enforcement
      • Personal Guarantee
      • Promissory Notes
    • Employment Contracts
      • Employment Contacts Practice Areas

      • Confidentiality and Non-Disclosure Agreements
      • Executive Agreements
      • Non-Compete Agreements
      • Severance Packages
    • Employment Discrimination
      • Employment Discrimination Practice Areas

      • Age Discrimination
      • Americans with Disabilities Act (ADA)
      • Disability Discrimination
      • Gender Discrimination
      • HIV or Aids Discrimination
      • Hostile Work Environment
      • LGBT Discrimination in the Workplace
      • Pregnancy Discrimination
      • Racial Discrimination
      • Religious Discrimination in the Workplace
      • Sexual Orientation Discrimination in the Workplace
      • Wage Discrimination
      • EEOC Claims
    • Employment Law
      • Employment Law Practice Areas

      • At-Will Employment
      • EEOC Claims
      • FMLA
      • New Jersey Division on Civil Rights
      • New Jersey Family Leave Act
      • New Jersey Law Against Discrimination
      • New Jersey Paid Sick Leave
      • Reduction in Force
      • Unemployment Compensation Appeals
      • Wrongful Termination
      • Misclassified Employees
      • Medical Leave Benefits in New Jersey
      • Work From Home Laws
    • Government Fraud/False Claims Act
      • False Claims Act Practice Areas

      • Qui Tam Action
      • Prevailing Wage & False Claims Act
    • Litigation
      • Litigation Practice Areas

      • Civil Litigation
      • Contract Litigation
    • Personal Injury
      • Personal Injury Practice Areas

      • Nursing Home Negligence
      • Product Liability
      • Uber Assault, Fraud, and Harassment
    • Real Estate
      • Real Estate Practice Areas

      • Land Use, Planning and Zoning
    • Sexual Harassment
      • Sexual Harassment Practice Areas

      • Hostile Work Environment Sexual Harassment
      • Housekeeper Sexual Harassment
      • LGBT Sexual Harassment
      • Medical Professional Abuse
      • Quid Pro Quo Sexual Harassment
      • Sexual Abuse
      • Sexual Harassment in Doctors’ Offices
      • Sexual Harassment in Nursing
      • Sexual Harassment of Administrative Assistants
      • Sexual Harassment of Housekeeping and Janitorial Workers
      • Sexual Harassment Retaliation
      • Sexual Harassment in Healthcare
      • Sexual Harassment in Dental Offices
      • Sexual Harassment in the Entertainment Industry
      • Sexual Harassment in Bars and Restaurants
    • Wage & Hour
      • Wage & Hour Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Tipped Employees
    • Whistleblowing & Retaliation
      • Whistleblowing & Retaliation Practice Areas

      • Conscientious Employee Protection Act (CEPA)
      • Whistleblower
      • Workplace Retaliation
      • Consumer Fraud Attorney
    • Other Legal Services
      • Other Legal Services

      • Estate Law
  • Our Successes
    • Client Reviews
    • Verdicts & Settlements
  • Team
  • FAQs
  • News
  • Locations
  • Contact Us

New Legislation for Victims of Sexual Harassment

March 26, 2019 by Red Bank Legal

New Jersey has taken an important step toward ensuring the rights of sexual harassment or sexual assault victims in the workplace. Bill S-121 was first introduced by Senators Loretta Weinberg and Nia Gill and dissolves all NDAs from validity in employment contracts and settlement agreements. Governor Phil Murphy signed the bill into effect on March 18, 2019. NDAs are no longer applicable or enforceable in all harassment cases, including sexual harassment or assault, discrimination, and retaliation. If an employee opts to take advantage of the new law and expose the employer they are accusing, the employer is free to discuss the case as they approach it.

Up until now, non-disclosure agreements (NDAs) were standard fare for an employer settling a sexual harassment or discrimination accusation. An employee is typically forced to sign an NDA that prohibits them from speaking out against the defending company, making accusations, or divulging information about the case. These types of NDAs are typically required when the employer and employee settle out of court. If the accuser breaks the NDA and speaks out about the abuse, the employer can take legal action against the accuser.

The End of the NDA

It is understandable that a company may want to avoid negative press. However, not informing the public is a severe disservice to those who may be potentially victimized. It also leaves room for the company to foster an environment for harassment and discrimination in the future. Job applicants may unwittingly seek employment by an employer they would not otherwise consider.

While this injustice has been commonly practiced for decades, it has recently been brought to light by many high-profile cases. Actors, politicians, and media moguls have all been in the news for sexual harassment and assault. According to the settlements that were made in these high-profiles cases, victims were forced to sign an NDA to keep them quiet and protect the reputation of well-known people. Bill Cosby, Harvey Weinstein, Bill O’Reilly and Donald Trump are all examples of public figures who have settled sexual harassment and assault cases with similar NDAs. The possibility that someone who was sexually harassed could then in turn be sued by the perpetrator for warning others about the dangers they may face seems unconscionable.

Victims Gain Back Power

Proponents of the bill are thrilled that power is being put back into the hands of victims. Victims of sexual crimes, in the work place and out, are often forced into legal bondage. Rather than defending the rights and championing a worthy cause, power is taken from the victims in exchange for money. The reputation and good name of a perpetrator is the primary concern in sexual harassment and assault cases. This bill is one crucial step toward ending a harmful and unethical standard.

Red Bank Sexual Harassment Lawyers at McOmber McOmber & Luber, P.C. Represent Victims Forced into Nondisclosure Agreements

If you have been a victim of sexual harassment in the workplace, it is in your best interest to speak to the Red Bank sexual harassment lawyers at McOmber McOmber & Luber, P.C. We will stand by your side and help you obtain the justice you deserve. Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, our Newark office at 973-878-9040, or contact us at 888-396-0736 or online for a free consultation. We represent clients throughout New Jersey.

Filed Under: Employment Contracts, Sexual Harassment, Employment Discrimination

Primary Sidebar

Related Practice Areas

  • Employment Contracts | Blog | McOmber McOmber & Luber
    Employment Contracts

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545

Marlton Office

  • 50 Lake Center Drive Suite 400, Marlton, NJ 08053
    856.985.9800
    856.263.2450

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216

New York Office

  • 11 Broadway, Suite 615 New York, NY 10004
    929.566.1300

Philadelphia Office

  • 1650 Market Street, Suite 3600 - No. 973 Philadelphia, PA 19103
    267.777.7800

Footer

McOmber McOmber & Luber, P.C.

McOmber McOmber & Luber, P.C. is focused on delivering exceptional representation and responsive client service. We tailor innovative and cost-effective solutions for each matter we handle.

Quick Links

  • Home
  • Firm Overview
  • Practice Areas
  • Team
  • Office Locations
  • FAQ
  • Press
  • Our Successes
  • Contact Us
  • Awards & Honors
  • Attorney Referrals
  • Civil Certified Attorney
  • Careers
  • Blog
  • Client Reviews
  • Comprehensive Guides

Practice Areas

  • Business Law
  • Collections
  • Employment Contracts
  • Employment Discrimination
  • Employment Law
  • Litigation
  • Personal Injury
  • Real Estate
  • Sexual Harassment
  • Wage & Hour Attorney
  • Whistleblower Retaliation
  • Other Legal Services

Copyright © 2025 · McOmber McOmber & Luber, P.C. All Rights Reserved

  • Privacy Policy
  • Cookie Policy
  • Disclaimer
  • Site Map

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Results may vary depending on your particular facts and legal circumstances.

Disclaimer: This website’s information does not, and is not intended to, constitute legal advice or form an attorney-client relationship. All content is for general information and may not constitute the most up-to-date legal information. You should consult with an attorney for advice on specific legal problems. Read the full Disclaimer here.

California Consumer Privacy Act (CCPA) Opt-Out IconYour Privacy Choices Notice at Collection