Non-Retaliation

Retaliation Prohibitions & Employee Rights

Federal, state, and local equal employment opportunity laws also prohibit retaliation against job applicants and employees for engaging in protected activity.  

Consistent with applicable law and the District’s Non-Discrimination and Anti-Harassment Policy and Complaint Procedures for Employees, this Policy prohibits harassment, intimidation, threats, coercion or discrimination because a job applicant or employee engaged in any of the following protected activities: 

(i) filed a complaint pursuant to an equal employment opportunity law or applicable District policy.

(ii) assisted or participated in an investigation, compliance review, hearing or any other activity related to the administration of an equal employment opportunity law or applicable policy.

(iii) opposed any act or practice made unlawful by an equal employment opportunity law or applicable policy. 

(iv) exercised any other right protected by an equal employment opportunity law or applicable District’s policy.

Whistleblower Act

Conscientious Employee Protection Act

New Jersey law prohibits an employer from taking any retaliatory action against an employee because the employee engages in any of the following: 

1. Discloses, or threatens to disclose, to a supervisor or to a public body an activity, policy or practice of the employer or another employer, with whom there is a business relationship, that the employee reasonably believes is in violation of a law, or a rule or regulation issued under the law.

2. Provides information to, or testifies before, any public body conducting an investigation, hearing or inquiry, into any violation of law, or a rule or regulation issued under the law by the employer or another employer, with whom there is a business relationship.

3. Provides information involving deception of, or misrepresentation to an employee, former employee, retiree or pensioner of the employer or any governmental entity. 

4. Provides information regarding any perceived criminal or fraudulent activity, policy or practice of deception or misrepresentation which the employee reasonably believes may defraud any employee, former employee, retiree or pensioner of the employer or any governmental entity.

5. Objects to, or refuses to participate in, any activity, policy or practice which the employee reasonably believes: (1) is in violation of a law, or a rule or regulation issued under the law. (N.J.S.A. 34:19-3).

Retaliation Protection and Disclosure Requirements 

Employees are protected from retaliation when making a disclosure to a public body; however, this protection applies only if the employee has first brought the activity, policy, or practice to the attention of a supervisor in written notice and provided the employer with a reasonable opportunity to correct the matter.

An employee is not required to provide prior written notice when:

• The employee reasonably believes that the activity, policy, or practice is already known to one or more supervisors of the employer; or

• The employee fears physical harm as a result of making the disclosure, provided that the situation is emergent in nature.