The Appellate Division rejected a plaintiff’s argument that the recently enacted Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 should be applied retroactively to allow her sexually hostile work environment and constructive discharge claims to proceed under the New Jersey Law Against Discrimination.

According to the appeals court’s Nov. 29 opinion, plaintiff Laura Zuluaga sued her former employer, Altice, for fostering and condoning a sexually hostile work environment and for constructively discharging her from employment. Also named in the suit were two employees of the company, Mitch Nyamwange and Clifford Pierce, for allegedly aiding and abetting the creation of a sexually hostile work environment. According to the opinion, Zuluaga appealed a Law Division order compelling arbitration and dismissing her complaint with prejudice.