New Jersey

An amendment (2019) to New Jersey law bans any provision in any employment contract or settlement agreement which has the purpose or effect of concealing the details relating to a claim of discrimination, retaliation or harassment. If the employee publicly reveals sufficient information to identify the employer, the employee will not be able to enforce the employer’s nondisclosure obligations. The law requires that every settlement agreement involving harassment, discrimination, or retaliation claims includes a bold, prominent notice that although the parties may have agreed to keep the settlement and underlying facts confidential, such a provision in an agreement is unenforceable against the employer if the employee publicly reveals sufficient details of the claim so that the employer is reasonably identifiable. N.J. Stat. Ann. § 10:5-12.8.