Pending New Jersey legislation that would bar workplace harassment settlements subject to nondisclosure agreements captures the zeitgeist of the #MeToo movement on its surface, but Garden State attorneys who analyzed the measure say there’s more to the proposal than meets the eye.
The proposal may be driven by the onslaught of sexual misconduct revelations plaguing power brokers, from A-list actors to Hollywood chefs, but it actually encompasses claims stemming from not only harassment but also discrimination and retaliation, according to McCarter & English LLP partner Christopher S. Mayer, whose practice includes labor and employment law matters.
“It’s not even remotely that narrow,” Mayer said about the perception that it’s limited to claims arising from unwanted sexual advances.