
The judge’s ruling in favor of the employer in this case is slightly uncharacteristic for New Jersey, where courts are usually known to be sympathetic to employee rights. Rodriguez has appealed the decision to the NJ Supreme Court, so this decision could be reversed. Still, it is an important reminder to employers that things like effective documentation practices and harassment training are not always sufficient safeguards against potential lawsuits. Something as simple as thoughtfully handling the job application process can limit or even preempt prolonged legal action. Just as the employer did in the aforementioned case, stating the waiver language simply, clearly, and boldly on the application—preferably in a prominent place above the signature line—and making sure that the time limit is within reason will all help ensure that a waiver will be enforced in case of eventual litigation. (Thus far, six months is the shortest time period deemed reasonable by courts and Congress.) If a company’s pool of applicants is not comprised of native English–speakers, it may be beneficial to translate the job application and any subsequent contracts into a candidate’s native tongue so as to avoid any misunderstanding or future claims of language barrier as grounds for a legal claim. Allowing someone to review the document at home gives them sufficient time to review it and return with any questions or concerns, further reinforcing the voluntariness of their acceptance of the application's terms. Lastly, while one might think it extraneous, it is important to include language specifically instructing job candidates to read the application carefully before signing. Adhering to these simple guidelines and ensuring that all parties know their rights and responsibilities in the initial phases of the employment relationship can help prevent disputes down the road.