A New Jersey regulation barring state workers from discussing discrimination claims has been revised after facing a First Amendment challenge, but some lawyers think the new wording still has a chilling effect on sexual harassment victims.

The workplace anti-discrimination policy, N.J.A.C. 4A:7-3.1(j), previously barred state employees making harassment or discrimination complaints from discussing their cases with others, and warned that violators could be fired. The new version, which went into effect April 20, omits the reference to termination and says investigators can advise complaining parties not to talk about the case rather than demand it.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]