In a unanimous opinion Tuesday, the New Jersey Supreme Court held that a nondisparagement provision in a settlement agreement for allegations of sexual harassment, sex discrimination and retaliation is against public policy and cannot be enforced.

The plaintiff, Christine Savage, a former sergeant with the defendant Neptune Police Department, appealed a trial court order enforcing a nondisparagement provision in a July 2020 settlement agreement reached in her employment discrimination case. There was not a nondisclosure provision in the agreement, according to the Appellate Division opinion.