Ban Non-Disclosure Agreements

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New Law Bans Non-Disclosure of Discrimination, Harassment, and Retaliation Settlements

Friday, March 22, 2019

Confidential settlement agreements reached between employers and employees resolving claims of discrimination, retaliation, and harassment may not be so secret anymore.

On March 18, 2019, New Jersey Governor Phil Murphy signed into law Senate Bill 121, which amends the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12 (“NJLAD”), by declaring unlawful and unenforceable any provision in any employment contract or settlement agreement concealing, or attempting to conceal, details relating to a claim of discrimination, retaliation, or harassment. Furthermore, and perhaps even more concerning to employers, the amendment prohibits the contractual waiver of any substantive or procedural rights or remedies relating to a claim of discrimination, retaliation or harassment.

Summarizing, effective March 18, 2019:

https://www.natlawreview.com/article/new-law-bans-non-disclosure-discrimination-harassment-and-retaliation-settlements

Methuen State Senator DiZoglio: https://www.masslive.com/news/2019/01/massachusetts-senate-bans-use-of-nondisclosure-agreements-for-senate-employees.html The use of nondisclosure agreements garnered public attention recently after these agreements were used by high-profile individuals accused of assaulting women, including Hollywood producer Harvey Weinstein and casino mogul Steve Wynn, to prohibit the alleged victims from speaking out. Gretchen Carlson and  Julie Roginsky of Lift Our Voices to join Senator Diana DiZoglio at State House in call for action on bill banning non-disclosure agreements https://deadline.com/2019/12/gretchen-carlson-renews-call-to-lift-nda-bombshell-film-1202808479/ State Senator Diana DiZoglio (D-Methuen) will be joined by journalist, author, and empowerment advocate Gretchen Carlson and political strategist Julie Roginsky, both of the advocacy group Lift Our Voices, for a State House press conference regarding the continued use of non-disclosure agreements (NDAs) in cases of harassment, discrimination, and assault in state government and across Massachusetts. Lift Our Voices was founded by Carlson, Julie Roginsky, and Diana Falzone in an effort to end the practice of mandatory NDAs, confidentiality provisions, and forced arbitration clauses that seek to silence workers who want to speak publicly about toxic workplace conditions. Carlson and Roginsky both sued former Fox News Chairman Roger Ailes for sexual harassment, while Falzone sued Fox News for gender discrimination.