Nondisclosure Agreements in Sexual Harassment Cases Are Out the Window for New Jersey Employers


Under a bill recently signed into law, New Jersey employers cannot force workers to obey nondisclosure agreements when they settle a sexual assault, sexual harassment or discrimination claim. The support for this legislation was overwhelming in the Legislature as well as from Governor Murphy who signed it into law.

Effective immediately, employers may not enter into legal nondisclosure agreements that prohibit revealing the details and settlement amounts of any harassment or discrimination claim. The new rules also apply to claims that are sent to arbitration. New Jersey becomes the third state with this nondisclosure ban, after California and New York.

Put another way, if you have been a victim of sexual harassment, assault or discrimination at your job and you receive a settlement from the other side of your claim, your employer may not require that you remain silent about your case or the amount of your settlement.

Proponents of the bill view these types of nondisclosure agreements as tools that effectively silence accusers and prevent them from seeking justice through the courts. Agreements like these were prominent in the recent cases involving Harvey Weinstein and Bill Cosby, among others.

New Jersey Action a Direct Consequence of the #MeToo Movement

One of the claims of the #MeToo movement is that these types of nondisclosure agreements have kept workplace disputes on sexual harassment and discrimination in the dark.

Victims not only struggled through the abuse and harassment but had to endure being silenced as well.

Assembly Minority Leader Jon Bramnick, a co-sponsor of the bill, stated that enforcing the confidentiality of accusations and settlements has protected “predators” for too long, as reported by Bramnick feels that it’s wrong when women do not report heinous behavior due to fear of retribution.

We Can Help If You Have Been a Victim of Sexual Harassment

If you or a family member has experienced bullyingsexual assaultsexual harassment of any kind, or has been injured in an accident or by any other type of personal injury, or needs help with any employment discrimination or family law issue, please contact the Law Offices of Paul S. Foreman, P.C. immediately. We have the right experience to get the optimal results for your case. Please call us for a free consultationAttorney Paul S. Foreman, personal injury attorney in Roseland, will fight to secure justice for you and your family. You can reach us at 973-315-3232 or contact us via the website.