New Jersey to Ban Non-Disparagement Language in Employment Related Settlement Agreements


On September 30, 2022, the New Jersey Assembly took a step toward allowing employees who endured discrimination, retaliation, or harassment at the workplace to speak about their experiences on the job.  Specifically, New Jersey lawmakers advanced a bill barring settlement agreements in employment related cases from including language that require the parties not to disparage one another. 

The bill would add language to A.B. 4521, a New Jersey law that already protects employees against employers’ efforts to silence them regarding their experiences dealing with discrimination, retaliation, or harassment at the workplace.  The bill’s language would state, “A provision in any employment contract or settlement agreement which has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation, or harassment, including, but not limited to, a non-disclosure or non-disparagement provision, or other similar agreement … shall be deemed against public policy and unenforceable against a current or former employee … who is a party to the contract or settlement.”

One of the bill’s sponsors, Assemblywoman Sadaf F. Jaffer (D-Somerset), told the Assembly Judiciary Committee: “Even without fears of legal retribution, it can be daunting for workers to come forward and share their experiences. We must break down the obstacles that stop those who have experienced workplace wrongdoing from seeking justice or warning others of their experiences.”  Further adding, the legislation “will empower New Jersey employees across all sectors to speak truthfully about their experiences in the workplace and promote healthier, more positive workplace environments for all.” 

Workers who believe they have been discriminated against or retaliated by their employer should seek legal counsel to analyze their potential claims. 
 

About Faruqi & Faruqi, LLP

Faruqi & Faruqi, LLP focuses on complex civil litigation, including securities, antitrust, wage and hour, personal injury and consumer class actions as well as shareholder derivative and merger and transactional litigation. The firm is headquartered in New York, and maintains offices in California, Georgia and Pennsylvania.

Since its founding in 1995, Faruqi & Faruqi, LLP has served as lead or co-lead counsel in numerous high-profile cases which ultimately provided significant recoveries to investors, direct purchasers, consumers and employees.

To schedule a free consultation with our attorneys and to learn more about your legal rights, call our offices today at (877) 247-4292 or (212) 983-9330.

About Camilo Burr

Camilo Burr is an associate at Faruqi & Faruqi’s New York office. Camilo’s practice is focused on employment law and wage and hour class action litigation.

Tags: faruqi & faruqi, investigation, news, litigation, settlement notice, case, faruqi law, faruqi blog, faruqilaw, Camilo Burr, employment litigation Camilo Burr Camilo Burr
Associate at Faruqi & Faruqi, LLP

New York office
Tel: (212) 983-9330
Fax: (212) 983-9331
E-mail: cburr@faruqilaw.com
Social: LinkedIn

Finding us

Our Offices


Our offices are nationwide. If you have any questions about a case or our firm, please contact us.

New York

685 Third Avenue 26th Floor
New York, New York 10017
(212) 983-9330
(877) 247-4292
(212) 983-9331

California

1901 Avenue of the Stars Suite 1060
Los Angeles, California 90067
(424) 256-2884
(424) 256-2885

Georgia

3565 Piedmont Road NE Building Four, Suite 380
Atlanta, Georgia 30305
(404) 847-0617
(404) 506-9534

Pennsylvania

1617 JFK Boulevard, Suite 1550
Philadelphia, Pennsylvania 19103
(215) 277-5770
(215) 277-5771

Faruqi & Faruqi office in New York, New York

Faruqi & Faruqi office in Los Angeles, California

Faruqi & Faruqi office in Atlanta, Georgia

Faruqi & Faruqi office in Philadelphia, Pennsylvania