| NELA-NJ
2001 LEGISLATIVE INITIATIVE
-
An
amendment to the Law Against Discrimination and CEPA
to prohibit employers from compelling employees, as
a condition of employment or under threat of termination,
to waive their statutory rights to sue, file administrative
claims, or the right to a jury trial. Specifically,
to permit parties to arbitrate discrimination and
retaliation claims only where employer and employee
agree, post-termination, to arbitrate.
-
An
amendment to the Law Against Discrimination tolling
the Statute of Limitations while a claim is being
investigated by the Division on Civil Rights.
The amendment would create a limited exception to
the two-year statute of limitations to provide a 90
day "right to sue"period similar to the Federal Provision
under Title VII with the EEOC.
The
90 day "right to sue" provision would also eliminate
the DCR's "kiss of death". Currently, a finding of
No Probable Cause by the DCR permanently destroys
a claimant's ability to file suit. The "right to sue"
notice would be identical to the Title VII provision,
in that rather than eliminating a claimant's right
to sue, a finding of no probable cause would only
begin the 90 day clock. The LAD should also be modified
to permit the DCR to not fully investigate all claims,
allowing them to find, as permitted by Federal law,
that it is unable to make a finding, and issuing a
"right to sue" notice. This would permit the DCR to
concentrate on meritorious and borderline cases, and
jettison obviously meritless cases without complete
investigation.
-
An
amendment to the Punitive Damages Act to add CEPA
to the LAD Exception.
-
Employees'
Information Rights Act.
A
statute permitting employees to view and copy their
own employment, disciplinary and personnel files;
A
statute permitting employees to view and copy their
own psychological, medical and drug testing records.
Permitting
employees to have access to employer handbooks for purposes
of legal analysis;
Permitting employees to view and copy employer policies
and procedures relating to employees.
-
Amendment
to the Law Against Discrimination to prohibit discrimination
on the basis of familial status. Specifically
designed to protect against discrimination based upon
parental status and obligations.
|
