Harassment Investigations

Supreme Court Invalidates State Workplace Confidentiality Directive Regulation

May 6, 2024 | Smith Eibeler LLC

The New Jersey Supreme Court issued a decision today invalidating a state employment regulation that required state workplace investigators to request victims and witnesses in harassment investigations to keep all aspects of the investigation confidential. The Court held that the challenged regulation, N.J.A.C. 4A:7-3.1(j), was unconstitutionally overbroad and struck the relevant portion concerning the confidenitialty directive. The decision is a major victory for employees and their rights to speak freely and openly about issues of workplace discrimination and sexual harassment.

The challenge arose out of an employment lawsuit brought by a Department of Transportation employee who complained of sexual harassment and retaliation. After complaining to the Civil Service Commission about the sexual harassment, the employee, Viktoriya Usachenok, was interviewed by an investigator from the Division of Equal Employment Opportunity/Affirmative Action (“EEO/AA”) who required that Ms. Usachnanok sign a confidentiality agreement prohibiting her from speaking to anyone outside the state about her complaints of sexual harassment.

In her sexual harassment lawsuit, Ms. Usachenok brought a claim for declaratory judgment to invalidate a state regulation that required EEO/AA investigators to impose strict confidentiality upon victims and witnesses of incidents of harassment within state employment. In response to the lawsuit, the Civil Service Commission amended the regulation to require its EEO/AA investigators to request victims and witnesses to keep all aspects of their investigation confidential. The amended regulation was also challenged as a violation of state employees’ rights under the First Amendment and an unlawful restraint of protected rights under the New Jersey Law Against Discrimination.

Hudson County Prosecutors Office Employees to Be Disciplined for Inappropriate Social Media Posts

September 18, 2021 | Smith Eibeler LLC

Employees within the Hudson County Prosecutor’s Office could face serious disciplinary action as a result of a workplace complaint investigation conducted by an outside law firm in response to unlawful employee conduct. The investigation was prompted by a series of offensive social media posts shared by Hudson County Prosecutor’s Office employees, posted on Facebook and within their internal workplace messaging app, “Slack”.

Under New Jersey law, employers must maintain an effective policy against unlawful harassment and discrimination at the workplace. With an effective anti-harassment policy in place, harassment investigations may shield an employer from hostile work environment claims under the New Jersey Law Against Discrimination. The New Jersey Law Against Discrimination is one of the nation’s strongest legal protections for employee civil rights against discrimination and threats of harassment, including sexual harassment. The New Jersey Law Against Discrimination requires employers to investigate all complaints of harassment and discrimination promptly, thoroughly and completely.

Serious hostile work environment concerns emerged at the Hudson County Prosecutor’s Office after racist jokes’ and offensive social media comments raised tensions amongst assistant prosecutors. In March 2021, the initial internal investigation began with an examination of Assistant Prosecutor Bill Specht and Agent Kelly Sisk over “offensive and sickening” posts the two allegedly made on social media and shared via Slack. Screenshots from March 2021, were shared of Specht’s conversations within the workplace Slack chatroom, writing that “Infoshare identifies as Mexican. It sleeps when the sun is hottest.” Specht additionally shared a number of racially offensive Facebook posts, following the police killing of George Floyd and the shooting of Jacob Blake. These posts alluded to the exoneration of law enforcement officials in officer-involved shootings, an especially controversial subject for someone in his position.

Katie Brennan responds to Verniero report

February 6, 2019 | Smith Eibeler LLC

FOR IMMEDIATE RELEASE

TRENTON (February 6, 2019)–Following is a statement from Katie Brennan in response to the findings of Peter Verniero’s inquiry into the vetting and hiring processes of the Murphy administration’s transition office:

“It’s clear from the report that there was a lack of accountability and effective policies and procedures to address a glaring personnel problem in the Transition. I appreciate the recommended reforms and I look forward to seeing additional recommendations from the Joint Select Legislative Oversight Committee so that comprehensive reform can be implemented.