Re-Introduced Bill Proposes Numerous Significant Changes To The Law Against Discrimination

In early January, parallel Senate and Assembly bills (A580 and S334) were reintroduced in another attempt to make a number of significant changes to the Law Against Discrimination (LAD). (Prior unsuccessful versions of these bills were proposed in 2004, 2006, 2008 and 2010.) Among the many revisions sought by the legislators:

• The bill would bring independent contractors within the coverage of the LAD as if they were traditional employees;
• The bill would make it unlawful for an employer, as a condition of employment or continued employment, to require an employee to waive his right to trial by jury (in essence, banning mandatory arbitration agreements), to change the statute of limitations that would otherwise be applicable, or for an employee to be required to waive any rights under the LAD as a condition of employment or continued employment;