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A look at changes to the New Jersey Law Against Discrimination

If you have been reading our Morristown, New Jersey Employment Law Blog, you undoubtedly know that our state legislature and Governor Phil Murphy have to a large extent remade important parts of employment law.

One of the most significant changes was brought about by Senate Bill 121, which amended the New Jersey Law Against Discrimination (NJLAD).

The measure prohibits any contract provisions that conceal “details relating to a claim of discrimination, retaliation, or harassment.” Under the new law, any employment agreement that has “the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment” is void.

That’s not all. Employees are now protected from retaliation if they refuse to agree to a contract with a provision prohibited by Senate Bill 121. Workers now have a right of action for statute violations and they can recover attorneys’ fees and costs.

What is covered by the new law? All existing agreements, as well as all future agreements, with the notable exception of collective bargaining agreements.

So what does this mean for employers? It is probably a good idea to sit down with an employment law attorney to review your existing employment contracts to see if they contain unenforceable provisions. If any such provisions are found, they will need to be appropriately amended, of course.

If you have questions about how this new law affects your business, or if you need to discuss other aspects of New Jersey employment law, contact an experienced attorney with the Morristown employment law firm of Carmagnola & Ritardi, LLC to discuss your legal options.

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