Credit: noraismail/Adobe Stock Are Nondisparagement Agreements Enforceable Under the NJLAD? NJ Supreme Court Hears Oral Arguments
"Shouldn't we look at the language, instead of the labels that are attached?" Chief Justice Stuart Rabner asked. "And the language says ... you cannot have a provision in a settlement agreement that has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation or harassment. That is against public policy. That is unenforceable."
January 18, 2024 at 09:13 AM
7 minute read
The New Jersey Supreme Court heard oral arguments concerning a published Appellate Division decision that held a nondisparagement provision in a settlement agreement is enforceable.
The plaintiff in the case, Christine Savage, is a former sergeant with the defendant the Neptune Police Department. Before the Appellate Division, Savage appealed a trial court order enforcing a nondisparagement provision in a settlement agreement over her employment discrimination case.
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