The New Jersey Legislature re-introduced a bill which if it passes, will be the strongest pro-employee, anti-arbitration bill in the United States. While it is not yet the law, if it passes, it will tremendously help all victims of employment discrimination in New Jersey. Some arbitration agreements that I have reviewed are so anti-employee and outrageous, that they attempt to force the New Jersey employees to travel to other states, some thousands of miles away, in order to arbitrate their discrimination claims.
Currently, many employers try to coerce employees and job applicants to waive away their rights to a jury trial if they file a lawsuit alleging discrimination. Some employers will not hire any applicant who refuses to sign an arbitration-only clause which is part of the employment application. Other employers put pressure on existing employees, even long-term employees, to sign an arbitration agreement whereby they waive their rights to a jury trial if they experience workplace discrimination or retaliation, in order to keep their job and remain employed by that employer.
Many employees do not want to sign this type of waiver of their rights but feel they have no choice because of their economic responsibilities. You can’t afford to lose your job when you have a family to support. This is especially true of protected minorities; blacks, women, the disabled, etc.; who may have more difficulty obtaining new comparable work elsewhere. These protected groups are the persons that file discrimination claims and who are entitled under New Jersey Law Against Discrimination to a jury trial to decide their claims.
If this pro-employee bill passes, it will be the strongest in the country and will prohibit any NJ employment agreement or employment contract which has the effect of hiding facts relating to a claim of employment discrimination, employment retaliation, or employment harassment. These types of arbitration agreements wherein an employee or job applicant waives their right to a jury trial will be legally considered as contrary to the public policy of the state of New Jersey and therefore unenforceable.
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 of bill being signed into law.
What You Can Do
Before you consider resigning, you may contact this law office to explore your legal options in the safest way for you. If you believe you were the target illegal discrimination in the workplace, it is important to consult with an aggressive and experienced employment attorney. If you complained about such discrimination and your employer then retaliated against you, you may also have a claim for retaliation.
I am an aggressive and compassionate employment law attorney who is experienced in representing racial minorities, women, older workers, LGBT, the disabled and other minorities. I accept discrimination cases from all over New Jersey. If you believe you are being subjected to such unlawful workplace discrimination or retaliation, please contact Hope A. Lang, Attorney at Law today for a free consultation.
Hope A. Lang, Attorney at Law serves clients throughout New Jersey, including Bergen, Middlesex, Essex, Hudson, Monmouth, Ocean, Union, Camden, Passaic, and Morris Counties with locations in Southern, Central, Western and Northern NJ to meet with clients