On March 18, 2019, landmark legislation was passed that could dramatically impact the resolution of discrimination, retaliation, and harassment claims. under the New Jersey Law Against Discrimination (“NJLAD”), and “other” statutes – presently undefined. Employers: pay close attention. The bill takes effect immediately and applies “to all contracts and agreements entered into, renewed, modified, or amended on or after [March 18].” The legislation addresses – and substantially impacts – employment contracts and settlement agreements. While ostensibly intended to prevent victims of unlawful harassment from forced secrecy about their experiences – potentially perpetuating the alleged harm – the desirability of settlement rests strongly on the foundation of confidentiality. Without it, the motivation to resolve these types of claims informally may diminish considerably.

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