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Court approves arbitration for NJLAD harassment claims

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in Discrimination and Harassment,Human Resources

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)

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