Skip to content

Position Papers

Confidential Settlement Agreements in the Workplace

Labor Mandates

On March 18, 2019, Governor Murphy signed S-121 (Weinberg) / A-1242 (McKeon/Bramnick) into law, which bars provisions in employment contracts that waive certain rights, and remedies and agreements that conceal details relating to discrimination claims. The CCSNJ, which opposed this bill, commends the bill’s sponsors for introducing this legislation that aims to eradicate sexual harassment and assault in the workplace at a crucial and long overdue time when the “#MeToo” and “#TimesUp” movements are dominating today’s culture. Unfortunately, the legislation fell short of its intended goal with vague language that is written so expansively that any form of discrimination, retaliation or harassment – not just sexual harassment – would fall under it, removing an employer’s right to a confidential settlement regardless of the claims’ veracity. Additionally, it does not take into consideration that the complainant may want confidentiality as they navigate the legal proceedings and come to terms on a final agreement.

To read the CCSNJ position, click here.

 To read the statute, click here.

Additional Info

Related Links :

Powered By GrowthZone

Your Feedback is Important to Us!

For any Government-related comments, questions or suggestions please contact:

Hilary Chebra 

Manager, Government Affairs, CCSNJ

Scroll To Top