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.
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