New Jersey § 34:15c-10

§ 34:15c-10.

a. An individual receiving or seeking employment and training services from a training

provider shall be ineligible to receive the services or any form of funding for the

services, including grants, scholarships, loans, or other State job training funds

or federal job training funds, if the training provider requires the individual to: (1) submit to an agreement to arbitrate or to an arbitration proceeding, prior to

the commencement of any legal action, to resolve any matter thereafter relating to

the individual's receiving the services; (2) resolve, through an internal dispute process, a complaint relating to the individual's

receiving the services; (3) waive any right, forum, or procedure afforded to the individual, including any

right to file and pursue a civil action, class action or a complaint with, or otherwise

notify, any State agency, other public prosecutor, law enforcement agency, or any

court or other governmental entity of any alleged violation of the individual's rights;

or (4) be prohibited from disclosing, discussing, describing, or commenting upon the

terms of the individual's receiving the services or any violation thereof. Nothing in this subsection shall be construed to prohibit an individual from receiving

employment and training services or any form of funding for the services for which

the individual is eligible from a different training provider. b. A training provider shall not threaten, retaliate, or discriminate against any

individual because of the refusal by the individual to: consent to an agreement to

arbitrate or to an arbitration proceeding; resolve a complaint through an internal

dispute process; waive any right, forum, or procedure; or consent to a prohibition

to disclose, discuss, describe or comment upon any enrollment agreement terms or violations

thereof. c. A training provider shall not require an individual to opt out of a waiver or take

any affirmative action in order to preserve his rights pursuant to this section. d. If a training provider requires an individual to take actions which make the individual

ineligible to receive employment and training services pursuant to subsection a. of

this section, or the training provider violates the provisions of subsection b. of

this section, the training provider shall not be placed or retained on the State Eligible

Training Provider List maintained pursuant to section 14 of P.L.2005, c. 354 ( C.34:15C-10.2 ), and shall not receive any federal job training funds or State job training funds. e. In the event that a training provider requires an individual to enter into an enrollment

contract or similar agreement, the provider shall annually submit such contracts or

agreements to the Commissioner of Labor and Workforce Development. f. Nothing in this act shall be construed to invalidate a written arbitration agreement

that is otherwise enforceable under the Federal Arbitration Act ( 9 U.S.C.s.1 et seq. ). g. For the purposes of this section, “ federal job training funds ”, “ State job training funds ”, “ training provider ” shall have the meanings set forth in section 4 of P.L.1989, c. 293 ( C.34:15C-1 ), and “ employment and training services ” shall have the meanings set forth in section 1 of P.L.1992, c. 48 ( C.34:15B-35 ) and section 3 of P.L.1992, c. 43 ( C.34:15D-3 ).