In Usachenok v. State of New Jersey, the Supreme Court considers an important issue with regard to the confidentiality of discrimination investigations. We believe that the Appellate Division reached the right conclusion in balancing the rights of participants in investigations, the integrity of investigations, free speech rights and transparency policies in upholding a regulation requesting that participants in discrimination investigations keep the facts of the investigation confidential.

Plaintiff Viktoriya Usachenok was a former employee of the Department of the Treasury who filed an internal complaint alleging that her supervisor had sexually harassed her and subjected her to a hostile work environment. At that time, N.J.A.C. 4A:7-3.1(j) included the provision that: “All persons interviewed, including witnesses, shall be directed not to discuss any aspect of the investigation with others in light of the important privacy interests of all concerned. Failure to comply with this confidentiality directive may result in administrative and/or disciplinary action, up to and including termination of employment.”

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