On the Weekly Fox Workplace Watch, associate Justin Schwam provides a detailed summary of the recent New Jersey legislation entitled the New Jersey Law Against Discrimination (NJLAD). This law prohibits non-disclosure provisions in employment contracts and the settlements of certain discrimination, harassment, and retaliation claims. Any agreements settling NJLAD claims must now include a bold, prominently placed notice stating that, even if the parties have agreed to keep the settlement terms confidential, if the employee publicly discloses enough details of a claim to make the employer reasonably identifiable, the employee cannot later try to enforce the non-disclosure provision against the employer. The law does not detail, however, what constitutes reasonably identifiable information. As Justin explains, employers are still permitted to protect other aspects of the settlement agreement, and the new law also includes an attorneys’ fees provision as well as a prohibition on retaliation.
We invite you to read Justin’s information-packed post addressing this recent legislation.