Advertising Disclosure Email Disclosure

Public policy considerations preclude ability to contract out of punitive damage exposure under the New Jersey Law Against Discrimination.

October 1, 2018
Roman v. Bergen Logistics, LLC, Docket No. A-5388-16T3, (App. Div. August 23, 2018)

The plaintiff, a human resources specialist, alleged that she was sexually harassed by the Director of Human Resources and her immediate supervisor. The employer sought to dismiss the complaint and to compel arbitration of the claim. The plaintiff opposed the motion by alleging that she did not fully understand the terms of the arbitration provision and that, regardless, the arbitration provision was void since it included a waiver of any right to seek punitive damages. The Appellate Division affirmed the trial court’s order compelling arbitration, but the court struck the punitive damage waiver as against public policy. This decision follows the New Jersey Supreme Court’s decision which voided an arbitration provision that shortened the statute of limitations to bring the claim under the Law Against Discrimination.

 

 

Case Law Alerts, 4th Quarter, October 2018

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2018 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

Affiliated Attorney

Lawrence B. Berg
Shareholder
(856) 414-6031
lbberg@mdwcg.com

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."