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

McOmber McOmber & Luber

Business & Employment Lawyers Red Bank & Marlton New Jersey

(732) 842-6500
  •   Free Consultation
  • Home
  • Firm Overview
    • History of the Firm
  • Practice Areas
    • Business Law
      • Business Law Practice Areas

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

      • Civil Litigation
      • Contract Litigation
    • Class Actions
      • Class Action Practice Areas

      • Equal Pay Act
      • Overtime Pay
      • Tip Skimming
      • Misclassified Employees
    • 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 and Healthcare
      • Sexual Harassment in Nursing
      • Sexual Harassment of Administrative Assistants
      • Sexual Harassment of Housekeeping and Janitorial Workers
      • Sexual Harassment Retaliation
      • 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
    • Government Fraud/False Claims Act
      • False Claims Act Practice Areas

      • Qui Tam Action
      • Prevailing Wage & False Claims Act
    • 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
    • Representative Clients
  • Team
  • FAQs
  • News
  • Office Locations
  • Contact Us

Recent Amendments to the New Jersey Law Against Discrimination

September 6, 2019 by Red Bank Legal

 

Employers accused of employment discrimination, sexual harassment, or retaliation often times offer the claimant a settlement. The settlement is generally an attempt to make the claim disappear or “go away” to avoid litigation. This avoids the high costs associated with litigation and allows the accused party to settle without any admission of liability or guilt. In addition to an agreed-upon amount of money, the settlement typically also contains a confidentiality and/or non-disclosure provision. These types of agreements ensure that the original claims stay quiet and word does not get out.

 

[su_youtube url=”https://youtu.be/aVPg2bhw6AU” width=”400″ height=”200″ autoplay=”yes”]

Recent Amendments to NJLAD

However, recent amendments to the New Jersey Law Against Discrimination (NJLAD) may change the outcomes of these types of claims. Under New Jersey Senate Bill 121, employers are not permitted to enforce arbitration agreements. Even though arbitration allows for claims to be adjudicated in a private setting, employers will now be denied this opportunity. As a result, these changes may create unintended consequences in employment disputes.

New Jersey Senate Bill 121

The New Jersey Senate Bill 121 amends the NJLAD in significant ways. In one way,  the law provides that non-disclosure provisions in settlement agreements that have the purpose or effect of concealing details of an employment claim are against public policy and unenforceable. When a current or former employee makes a discrimination or harassment claim about her employer, there can be a settlement made which includes a non-disclosure agreement. However, this new law renders any mandatory non-disclosure provision completely unenforceable. Notably though, the law does not apply any agreements entered into before the law went into effect.

The law still permits employers and employees to enter into confidentiality or non-disclosure agreements. However, if the two parties do agree to these terms, the agreement must now include bolded, prominently placed notice advising that “although the parties may have agreed to keep the settlement and underlying facts confidential, such a provision in an agreement is unenforceable against the employer if the employee publicly reveals sufficient details of the claim so that the employer is reasonably identifiable.” So although the parties can still choose to insert these types of provisions in settlement agreements, employees are now permitted to disregard these provisions. Effectively, confidentiality and non-disclosure agreements are no longer enforceable by the employers. The employee can choose at any time to ignore the provisions.

Further Changes

However, the employers become released from the confidentiality or non-disclosure provisions if the employee “publicly reveals sufficient details of the claim so that the employer is reasonably identifiable.” Though this standard has not yet been strictly defined or determined.

Additionally, the law also provides that any provision in an employment contract “that waives any substantive or procedural right or remedy relating to a claim of discrimination, retaliation, or harassment” is “against public policy and unenforceable.” Therefore, an employment contract that requires an employee to waive his or her right to a jury trial or arbitrate a claim of discrimination, retaliation, or harassment, is now void.

However following these recent amendments, there is an argument made that these changes are preempted by the Federal Arbitration Act (FAA).

If you experience any discrimination or harassment in the workplace, you are not alone. We are here for you.

Marlton Employment Discrimination Lawyers at McOmber McOmber & Luber, P.C. Protect Employees from Discrimination in the Workplace

If you have experienced any discrimination, a Marlton employment discrimination lawyer at McOmber McOmber & Luber, P.C. is ready to help you. We are experienced in all facets of New Jersey employment law and will tirelessly work for you. 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 Discrimination, Gender Discrimination, Pregnancy Discrimination, Religious Discrimination, Race Discrimination, Disability Discrimination, Age Discrimination, Gender Identity Discrimination, Legal Updates

Primary Sidebar

Related Practice Areas

  • Age Discrimination Lawyers | Blog | McOmber McOmber & Luber
    Age Discrimination Lawyers
  • Disability Discrimination Lawyer | Blog | McOmber McOmber & Luber
    Disability Discrimination Lawyer
  • Gender Discrimination Lawyer | Blog | McOmber McOmber & Luber
    Gender Discrimination Lawyer
  • Pregnancy Discrimination Lawyer | Blog | McOmber McOmber & Luber
    Pregnancy Discrimination Lawyer
  • Racial Discrimination Attorneys | Blog | McOmber McOmber & Luber
    Racial Discrimination Attorneys
  • Religious Discrimination in the Workplace | Blog | McOmber McOmber & Luber
    Religious Discrimination in the Workplace

Red Bank Office

  • 54 Shrewsbury Avenue, Red Bank, NJ 07701
    732.842.6500
    732.530.8545
    info@njlegal.com

Marlton Office

  • 39 E. Main Street, Marlton, NJ 08053
    856.985.9800
    856.263.2450
    info@njlegal.com

Newark Office

  • 60 Park Place Suite 307, Newark, NJ 07102
    973.878.9040
    973.310.5216
    info@njlegal.com

Footer

McOmber McOmber & Luber

McOmber McOmber & Luber 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
  • Civil Certified Attorney
  • Careers
  • Blog
  • Client Reviews

Practice Areas

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

Copyright © 2023 · McOmber McOmber & Luber, P.C. All Rights Reserved

  • Privacy Policy
  • Site Map
  • Log In

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

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. Your Privacy Choices Notice at Collection

Free Consultation