Trends In N.J. Whistleblowing And Retaliation Law – 2013 Roundup

2013 was a busy year for whistleblowing and retaliation law in New Jersey. This blog post summarizes noteworthy statutory and judicial developments for employers to consider in the new year.

STATUTORY DEVELOPMENTS

Pay Equity Amendment

New Jersey amended the Law Against Discrimination ("LAD") to include a non-retaliation pay equity provision to protect employees who discuss compensation with one another. Under the amendment, an employer may not retaliate against an employee for requesting from another employee, or former employee, information regarding job title, occupational category, and rate of compensation, or the gender, race, ethnicity, military status, or national origin, of any current or former employee, if the purpose of that inquiry is to assist in an investigation into discriminatory treatment regarding pay, compensation, bonuses, other compensation, or benefits. The amendment makes it clear that an employer is not required to release protected information in response to an employee's request, but only prohibits reprisals against any employee who makes such a request.

An aggrieved employee may seek a range of monetary damages and equitable relief under the LAD, and also may try to assert a claim under Conscientious Employee Protection Act ("CEPA") for retaliation as a result of objecting to or disclosing violations of the new amendment. For more on the amendment, please see our client alert.

Social Media

New Jersey has a new law that forbids employers, with exceptions, from requiring or requesting that prospective or current employees disclose user names and passwords to their personal social media accounts. The law specifically provides employees with expansive protections against retaliation. The law does not provide a private right of action, however; rather, for non-compliance, an employer is subject to a modest fine of no more than $2,500. Nevertheless, there is concern that employers which engage in the type of conduct the new law prohibits may violate the CEPA and incur damages in court. For more information on the anti-retaliation protections afforded by the new law, please see our client alert.

Domestic Violence Leave

New Jersey now provides employees affected by domestic or sexual violence with up to 20 days of unpaid leave. Should an employer discriminate or retaliate against an employee or otherwise deny an employee his or her rights under the law, the employer may be subject to a suit in court, as well as a fine...