When an employee brings credible, substantiated accusations of sexual harassment or discrimination in a workplace, their employer often settles discreetly for “an undisclosed sum of money” and an agreement to keep everything confidential. A law passed earlier this year in New Jersey declares that such confidentiality and non-disclosure agreements are against the greater interest of the public and, as such, unenforceable. Not only does the new law restrict settlement agreements, it significantly restricts the rights of employers to require that employees broadly waive rights related to pursuing discrimination, retaliation, or harassment claims that may arise during their employment. 

If you’ve suffered from gender-based discrimination or sexual harassment in the workplace or endured a hostile work environment, you’re not alone. New Jersey employees are protected from sex-based harassment and discrimination by Title VII, the federal law prohibiting discrimination, as well as the New Jersey Law Against Discrimination (NJLAD). You may wonder, however, what kind of compensation you can actually recover from your employer or the individuals responsible for the harassment.