Credit: noraismail/Adobe Stock Nondisparagement, Nondisclosure Clauses 'Impermissible When Used to Silence Victims' Under NJLAD
"Because the scope of the agreement in this case would bar individuals from describing an employer's discriminatory conduct, the agreement encompasses speech the LAD protects," Chief Justice Stuart Rabner said. "Defendants also used the agreement to try to hold the sergeant liable for making statements about her claims of discrimination, retaliation, and sexual harassment, which section 12.8 specifically protects."
May 07, 2024 at 05:23 PM
4 minute read
In a unanimous opinion Tuesday, the New Jersey Supreme Court held that a nondisparagement provision in a settlement agreement for allegations of sexual harassment, sex discrimination and retaliation is against public policy and cannot be enforced.
The plaintiff, Christine Savage, a former sergeant with the defendant Neptune Police Department, appealed a trial court order enforcing a nondisparagement provision in a July 2020 settlement agreement reached in her employment discrimination case. There was not a nondisclosure provision in the agreement, according to the Appellate Division opinion.
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