Despite what was written in a recent New Jersey Law Journal commentary (“Keeping Harassment Settlements Confidential After S121″), the statute recently signed into law by Governor Murphy is clear, unambiguous, and provides a real benefit to employees who for years have been kept in the dark regarding other claims of harassment and discrimination that had been resolved by their employers or former employers. It would seem, however, that the author is suggesting that the management bar adopt the “Catch and Kill Technique” used so often by entities like the National Enquirer to silence sexual harassment and discrimination victims. Surely, our role as attorneys is not to figure out an unsavory way of trying to get around a statute that is designed to protect the thousands of those victims.

The author attempted to downplay her shocking suggestion by calling it simply “purchasing” a story. It is much more than that. To do what the author suggests has the effect of concealing the details of a discrimination or harassment claim, a clear violation of S-121. A “Catch and Kill” agreement would be illegal and against public policy under S-121, which specifically states that any person “who enforces or attempts to enforce” such a (confidentiality) provision shall be “liable for the employee’s reasonable attorney’s fees and costs.”