@NJGov grapples with #MeToo.

Byline: Jessica Perry

Amid the nationwide #MeToo movement and a local scandal highlighting some of the issues that sparked the public outcry, New Jersey could soon join New York, California and Washington in prohibiting non-disclosure agreements in workplace sexual harassment and discrimination cases.

The New Jersey measure, Senate Bill 121 was sent to Gov. Phil Murphy's desk on Feb. 1 and is awaiting his signature or veto.

Many non-disclosure agreements (NDAs) require an accuser to never reveal any details of an incident in exchange for a financial settlement achieved through arbitration rather than in court. Proponents of S121 argue that employers have used NDAs to silence victims of sexual assault, allowing alleged wrongdoers to continue harming other employees. But some employment law experts suggest that the bill goes too far and could limit options for both employers and accusers. In addition, if Murphy signs the bill, a court challenge could follow in short order.

'Paying for secrecy'

Senate Majority Leader Loretta Weinberg, D-37th District, a sponsor of the bill, said the NDA practice was essentially "paying for secrecy, which allowed the Bill Cosbys and Harvey Weinsteins of the world to continue to operate with impunity.

"When it comes to the issues of sexual harassment, sexual assault, why would anybody want to even enforce an NDA, except for the victim, who under this bill would be allowed to do so," Weinberg said.

Weinberg is the co-chair of a select legislative committee scrutinizing the employment practices of the Murphy administration after reports that the administration hired Al Alvarez, who had been accused of sexual assault, as chief of staff at the Schools Development Authority.

Katie Brennan, now a senior housing official, alleges that Alvarez, then a campaign aide, atttacked her in 2017 after a campaign gathering. Brennan said she made numerous attempts to notify the campaign, transition team and administration of the allegations, but her complaints fell on deaf ears.

Alvarez, despite reportedly being urged to leave his post at the SDA, stayed on the job until October 2018 when a reporter from The Wall Street Journal contacted him about Brennan's allegations.

Weinberg's bill languished after its introduction early in 2018, only to quickly move through the Legislature in January after Brennan's accusations and her December testimony before the investigative committee.

Wider implications

By prohibiting employers from...