New Jersey Lawyers BlogState Cannot Prohibit Government Employee From Discussing Investigations of Harassment and Discrimination Complaints
The New Jersey Law Against Discrimination prohibits discrimination and harassment in the workplace. The New Jersey Civil Service Commission published a regulation incorporating
this requirement. However, in the case of Savchenko v. State of New Jersey, the New Jersey Supreme Court found that a portion of this regulation which requested that parties and witnesses keep the investigation confidential had a chilling effect on free speech. It therefore struck down that portion of the regulation.
Background
The Civil Service Commission understandably seeks to maintain the confidentiality of these investigations, as publication might discourage witnesses from assisting, and victims from coming forward. The regulation therefore contained a provision which provided that: