NJ S2531

Non-disclosure and non-disparagement provisions in employment contracts that waive rights or remedies related to discrimination, retaliation, or harassment claims are deemed against public policy and unenforceable.

Removes the existing exemption that allowed collective bargaining agreements to include such non-disclosure provisions.

Collective bargaining agreements may still require mediation or arbitration for discrimination, retaliation, or harassment claims, provided they comply with existing transparency requirements.

Settlement agreements resolving discrimination claims must include bold, prominent notice that confidentiality provisions become unenforceable against employers if employees publicly reveal enough details to identify the employer.

Codifies the New Jersey Supreme Court decision in Savage v. Township of Neptune (2024), which held non-disparagement clauses related to discrimination claims unenforceable.