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Garden State Says #MeToo: Bill Barring Non-Disclosure Clauses Passes in Both Chambers

Blank Rome Workplace

New Jersey appears to be the next state to ban non-disclosure clauses in employment contracts or settlement agreements. On January 31, 2019, Senate Bill 121 passed the New Jersey Assembly by a 68-4-4 vote and the Senate in a 36-0 vote, sending the bill to Governor Phil Murphy’s desk.

Not Just About Non-Disclosure. The bill was introduced early last year in response to the #MeToo movement and deems unenforceable and against public policy any employment contract provision that either waives substantive or procedural rights or remedies relating to claims of discrimination, retaliation, or harassment, or has “the purpose or effect of concealing the details” of such any such claim. In effect, the bill prohibits forced arbitration of discrimination, retaliation, or harassment claims—of course, that includes sexual harassment claims. Similarly, the bill prohibits confidentiality or non-disclosure provisions from being included in employment contracts or settlement agreements involving those same types of claims. The bill does not prohibit employers from including noncompetition provisions in employment agreements, or from prohibiting the disclosure of proprietary information, which includes non-public trade secrets, business plan, and customer information.

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