Christine Savage, Plaintiff-Appellant, v. Township of Neptune, Neptune Township Police Department, Michael J. Bascom, in an individual and official capacity, and James M. Hunt, in an individual and official capacity, Defendants-Respondents, and Robert Mangold, in an individual and official capacity, Michael McGhee, in an individual and official capacity, Anthony Gualario, in an individual and official capacity, Kevin O'Donnell, in an individual and official capacity, Vito Gadaleta, in an individual and official capacity, Scott Cox, in an individual and official capacity, Lewis Schlosser, and The Institute for Forensic Psychology, Defendants., 257 N.J. 204

Summary

HOLDINGS: [1]-In an action to enforce a settlement agreement, a finding against the sergeant was improper because the Law Against Discrimination, in particular, N.J.S.A. § 10:5-12.8(a), protected the sergeant's statements made to a television reporter; [2]-Because the scope of the agreement would bar individuals from describing an employer's discriminatory conduct, the agreement encompassed speech the LAD protected; [3]-Because the agreement was used to try to hold the sergeant liable for making statements about her claims of discrimination, retaliation, and sexual harassment, which § 10:5-12.8 specifically protected, the non-disparagement clause in the agreement was against public policy and cannot be enforced.