The NJ Supreme Court’s June 2016 decision in Rodriguez v. Raymour’s Furniture established as the common law of NJ that employers cannot shorten two year statute of limitations that applies to cases brought under the Law Against Discrimination. We have written about this ongoing matter here and here. The Court’s decision settled the issue as a matter of common law.
Now a new front has been opened in the Legislature, where Assembly bill A4173, if enacted, would amend the LAD to make clear that the law has a firm and unalterable 2 year statute of limitations. In addition, the amendment would make it unlawful for an employer to require employees to waive rights under the law as a condition of obtaining or keeping employment, of terms of employment, or of compensation. The message to employers: don’t try to change the anti-discrimination law of our state by throwing around your economic weight.
Over time LAD, already among the most pro-employee statutes in the country, has been consistently strengthened. Or, to look at it a bit differently, most employer efforts to work around the requirements of the LAD have backfired. We expect this bill, or a variation of it, to continue the trend. We will follow this and keep you informed.