TRENTON, N.J. (Legal Newsline) - Victims of sexual discrimination and harassment are free to tell their stories, even if they signed settlement agreements that stipulated they do not.
The New Jersey Supreme Court reached that conclusion May 7 in the case of a female police officer who settled her claims then went on television for an interview about her case. The defendants in her lawsuit, who include Neptune Township, argued she was in violation of a non-disparagement provision in her settlement.
But the state Supreme Court found that New Jersey law enacted in the wake of the #MeToo movement protected her statements.
"We find that the non-disparagement clause conflicts with the (Law Against Discrimination) in that it encompasses and would bar speech the statute protects - 'details relating to a claim of discrimination, retaliation or harassment,'" Chief Justice Stuart Rabner wrote.
"Defendants also used the settlement agreement to attempt to get monetary damages from (Christine) Savage for making statements about claims... she had already filed. In addition, defendants, in effect, sought to enjoin her from making further statements about those claims.
"The effect of this non-disparagement clause, therefore, is to conceal details relating to claims of discrimination, retaliation and harassment, which is directly contrary to the LAD."
Savage worked as an officer in Neptune for 15 years before filing a sexual harassment and discrimination lawsuit in 2013. A settlement followed the next year, but she sued again in 2016 and argued the defendants' actions had "intensified" since her first case.
The second suit settled in July 2020. A month later, a television news show detailed her case.
During the segment, said things like "You abused me, you abused me for about eight years," "it's the good ol' boy system" and "They don't want women there." The reporter's statements were also at issue in the case.
A trial court found Savage had violated the non-disparagement clause and ordered her to pay nearly $5,000. An appellate court found Savage had not violated it, leading to the appeal to the state Supreme Court.