New Jersey Prohibits Employers From Retaliating Against Employees Seeking Information in the Course of Investigating Potential Employment Discrimination

On August 29, Governor Christie signed into law an act amending N.J.S.A. 10:5-12, a portion of the New Jersey Law Against Discrimination (“NJLAD”), by prohibiting employers from retaliating against employees who seek information as to the job title, occupational category, rate of compensation, or demographics of an employee or former employee of the employer “if the purpose of the request for the information was to assist in investigating the possibility of an occurrence of, or in taking legal action regarding, potential discriminatory treatment concerning pay, compensation, bonuses, other compensation, or benefits.” See N.J.S.A. 10:5-12r.

In its original form, the act, Assembly Bill 2648, amended N.J.S.A. 34:19-3, a portion of the Conscientious Employee Protection Act (“CEPA”), and not the NJLAD.  This form of the act received Assembly approval in March 2012 and Senate approval in June 2012.  Governor Christie conditionally vetoed the act in its original form on September 24, 2012, expressing his belief that “the amendment of CEPA is inconsistent with the original intent of that law, and is more consistent with the underlying goals of LAD” and recommending that the act instead amend the NJLAD.  The Legislature thereafter amended the act accordingly.

I’ve practiced employment litigation my entire career and represented employees in discrimination and retaliation matters arising under both state law, like the NJLAD and CEPA, and federal law.  If you are an employee that believes yourself to be the victim of discrimination or retaliation, please contact me at Posternock Apell, PC.  We will fight to protect your interests.