New Jersey Supreme Court Declares Non-Disparagement Provisions Not Allowed When Used to Silence Victims...

 The Supreme Court of New Jersey stopped the use of an other wise valid settlement agreement because the agreement contained language that prevented parties from making derogatory comments that "would bar individuals from describing an employer's discriminatory conduct" in violation of the New Jersey Law Against Discrimination (NJLAD)  (I had no clue there was such a thing---but I'm new....so yeah.)

The court did state that theoretically, parties can agree not to disparage one another by disclosing information that has nothing to do with "details relating to... claim[s] of discrimination, retaliation, or harassment". 

The court did make it clear that such provisions would need to be "narrowly drawn" to ensure that they do not "encompass speech that the [NJLAD] protects".

Source(s): Ogletree Deakins, received on May 17, 2024. www.njoag.gov, accessed on May 17, 2024.