„Paragraph 18 of the agreement provided: „The terms of this agreement of leniency and mutual release, as well as all the underlying events that lead to the negotiation of this agreement, remain in all respects private and confidential and are not disclosed by any party to that effect. . . . for any reason, to a public or private person or body, or to a management, law enforcement or regulatory authority. (Added highlight) On March 18, 2019, New Jersey passed a law that stated that „a provision in each . . . . Transaction agreement with the purpose or effect of concealing details related to a right to discrimination, retaliation or harassment. against public order and unenforceable to a current or former employee … which is the party of. .

Settlement of accounts. N.J.S.A. 10:5-12.8 (a). New Jersey law goes beyond allegations of sexual harassment and encompasses all allegations of „discrimination, retaliation or harassment,“ encompassing a broader range of unlawful behavior regarding non-sexual forms of harassment and discrimination. It is significant that the New Jersey law does not contain exceptions to this prohibition, which means that there are no circumstances under which an employer may engage it in confidentiality obligations in a settlement agreement of such rights. This law applies to agreements reached on January 1, 2019 or after those that have lodged appeals in the courts or in an administrative appeal. The law allows the applicant to request a clause in the transaction to keep his identity confidential, including all the facts that could lead to the discovery of his identity, including briefs filed in court. (d) Except to the extent authorized by Subdivision (c), a provision of a transaction agreement that prevents the disclosure of factual information relating to the act described in Subdivision (a), which will be concluded on January 1, 2017 or after January 1, 2017, is struck down in law and against public policy. Public employers who incorporate confidentiality clauses into their contracts should ensure that the language explicitly foreshadows disclosures that may be required by law. In addition, those who enter into the agreements should be informed to comply with the terms and not to make statements to the press, or even to their friends and family, as such disclosures may expose them to a valid violation of the right to contract. (e) Failure to comply with the requirements of this section by non-compliance with the requirements of this section by requiring the inclusion of a provision in a transaction agreement preventing the disclosure of substantive information relating to the act described in Subdivision (a) that is not otherwise authorized by Subdivision (a) as a condition of settlement, or advising a client to sign an agreement containing such a provision that contains such a provision. , may be grounds for professional discipline and the State Bar of California identifies and takes appropriate action in each case.