A regulation requiring state investigators to request that anyone interviewed in cases of harassment and discrimination not speak with anyone, including a spouse, attorney or the public, has been struck down as overbroad and unconstitutional by the New Jersey Supreme Court.

A former state employee, Viktoriya Usachenok, claimed she was fired for telling her husband, who is also an attorney, the details of her sexual harassment complaint. In February 2022, the Appellate Division panel rejected Usachenok’s challenge to the regulation in Usachenok v. State of New Jersey Department of the Treasury, finding that a request for confidentiality promotes a fair investigatory process that protects both the accuser and the accused.