Sponsored by:
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
SYNOPSIS
Prohibits forced arbitration for resolution of employment-related sexual harassment disputes.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning binding arbitration in employment-related sexual harassment disputes and supplementing Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. A provision in any employment contract or agreement that waives any substantive or procedural right, including by requiring binding arbitration, for any dispute involving sexual harassment shall be deemed against public policy and unenforceable.
b. No right or remedy available under any statute or case law relating to sexual harassment shall be prospectively waived.
c. This act shall not apply to the terms of any collective bargaining agreement between an employer and the collective bargaining representative of the employee.
d. Any person claiming to be aggrieved by a violation of this act may initiate suit in Superior Court. An action pursuant to this section shall be commenced within two years next after the cause of action shall have accrued. All remedies available in common law tort actions shall be available to prevailing plaintiffs, which may include the award of reasonable attorney fees and costs.
2. This act shall take effect immediately and shall apply to all contracts and agreements entered into, renewed, modified, or amended on or after the effective date.
STATEMENT
This bill would bar any provision in an employment contract or agreement that waives any rights, including by requiring binding arbitration, for any dispute involving sexual harassment.
Under the bill, a provision in any employment contract or agreement that waives any substantive or procedural right or remedy relating to a claim of sexual harassment would be deemed against public policy and unenforceable. The bill further provides that no right or remedy under any statute or case law could be prospectively waived.
The bill would not apply to the terms of any collective bargaining agreement between an employer and the collective bargaining representative of the employees.
Any person claiming to be aggrieved by a violation of the bill would be able to bring an action in Superior Court, with all remedies available in common law tort actions available to prevailing plaintiffs.
The bill would take effect immediately and apply to all contracts and agreements entered into, renewed, modified, or amended on or after the effective date.