A New Jersey appellate court has concluded that arbitration agreements can cover claims under the New Jersey Law Against Discrimination (NJLAD).
Recent case: Chineida Wigfall applied for a job with Denholtz Associates. Directly over the application’s signature line was a notice stating all workplace disputes would go to arbitration. Wigfall signed and was hired.
After a series of incidents—including the discovery of a hidden camera in the women’s restroom—Wigfall sued for sexual harassment. She argued that her lawsuit was legit because she shouldn’t be forced to arbitrate NJLAD claims.
The court disagreed, pointing out that the application’s arbitration notice was clear and that Wigfall, a highly educated applicant, understood what she was signing. (Wigfall v. Denholtz Associates, A-0046-09T1, Superior Court of New Jersey, Appellate Division, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- 'He said, she said': Train staff in conflict resolution
- Is there a legal reason to have employee photos in your files?
- Heard sexual harassment complaint is coming? Immediately launch your investigation
- Actions that make employees feel bad aren't necessarily 'adverse' under the law