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Connell Foley Partners, M. Trevor Lyons and Michael A. Shadiack's Article "LAD Amendment Prohibits Retaliation for Sharing Compensation Information,'How Much Do You Make?' Is No Longer A Forbidden Question" Featured in New Jersey Law Journal

12.18.2013
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New Jersey's Law Against Discrimination (LAD), N.J.S.A. 10:5-12(d), makes it an unlawful practice:

[f]or any person to take reprisal against any person because that person has opposed any practices or acts forbidden under this act or because that person has filed a complaint, testified or assisted in any proceeding under this act or to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of that person having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected by this act.  

This antiretaliation prohibition has been interpreted by New Jersey courts to apply not only to those employees who actually bring an antidiscrimination claim against their employer, but also to any employees who aid or assist such individuals in brining such claims.  Generally, an employee who provides information, including compensation information, to an employee complaining of discrimination is assisting that complaining employee and would, therefore, arguably be protected against reprisal under the LAD's antiretaliation provisions.

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