On May 19, 2017, a bill to codify the statute of limitations for claims filed pursuant to the New Jersey Law Against Discrimination (NJLAD) and prohibit certain waiver provisions in employment contracts, advanced in the New Jersey Legislature. If passed, Assembly Bill 4173 would amend the NJLAD as follows:
- It would codify existing case law which holds that the statute of limitations for all actions under the NJLAD is two years.
- It would prohibit an employer from requiring an employee or prospective employee to waive rights granted under the NJLAD to compensatory damages, punitive damages, attorney fees, or statute of limitations as a condition of hiring, continued employment, or compensation or as a term, condition, or privilege of employment.
- It would bar an employer from requesting an employee or prospective employee to waive any claims prior to the existence of an actual dispute.
- It would prohibit an employer from harassing, discharging, expelling, or otherwise discriminating against any employee because that person has opposed any practices forbidden under the bill or because that person has filed a complaint, testified, or assisted in any proceeding under the bill.
Assembly Bill 4173 must still pass the full New Jersey General Assembly and be considered by the New Jersey Senate before Governor Chris Christie can receive it for his consideration.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
