N.J. Stat. Ann. § 10:5-1 et seq. § 10:5-12.7
Certain waivers in employment contract deemed against public policy and unenforceable
Operative Text
1. a. A provision in any employment contract that waives any substantive or procedural right or remedy relating to a claim of discrimination, retaliation, or harassment shall be deemed against public policy and unenforceable. b. No right or remedy under the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.) or any other statute or case law shall be prospectively waived. c. This section shall not apply to the terms of any collective bargaining agreement between an employer and the collective bargaining representative of the employees. L.2019, c.39, s.1.
Under N.J.S.A. 10:5-1 et seq. § 10:5-12.7, any clause in an employment contract that attempts to strip away a worker's substantive or procedural rights related to discrimination, retaliation, or harassment claims is void as a matter of New Jersey public policy. This means that prospective waivers of rights under the Law Against Discrimination—or under other statutes and case law—cannot be enforced against an employee. The rule does not extend to terms negotiated through a collective bargaining agreement between an employer and a union.
Plain English — not legal advice.
Although N.J.S.A. 10:5-1 et seq. § 10:5-12.7 is primarily an employment law provision rather than a landlord-tenant regulation, property owners who employ staff—such as property managers, maintenance workers, or leasing agents—should be aware that employment contracts for those workers cannot include clauses that waive discrimination, retaliation, or harassment rights. Compliant operators generally review their employment agreements to ensure no such prospective waivers appear, and they rely on collective bargaining agreements when applicable for any negotiated terms. Consulting an employment law professional familiar with New Jersey's Law Against Discrimination is a common step for operators managing staff.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While N.J.S.A. 10:5-1 et seq. § 10:5-12.7 applies in the employment context rather than directly to residential tenancies, workers who are also tenants should know that any employment contract clause purporting to waive their rights to pursue discrimination, retaliation, or harassment claims under New Jersey's Law Against Discrimination is unenforceable. If an employer has presented such a waiver, individuals may consider reaching out to the New Jersey Division on Civil Rights or a tenant-rights or worker-rights organization for general information about available remedies. Multiple enforcement paths may exist, including administrative complaints and civil court actions, and the appropriate route depends on the specific circumstances involved.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 6, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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