Bill Text: NJ S3980 | 2018-2019 | Regular Session | Introduced
Bill Title: Clarifies provisions concerning disclosure of existence and content of discrimination or harassment complaints; requires certain disclosures to person against whom complaint is made.*
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2020-01-13 - Substituted by A5629 (1R) [S3980 Detail]
Download: New_Jersey-2018-S3980-Introduced.html
Sponsored by:
Senator LORETTA WEINBERG
District 37 (Bergen)
SYNOPSIS
Clarifies provisions concerning disclosure of existence and content of discrimination or harassment complaints.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the policy prohibiting discrimination in a State agency workplace and supplementing chapter 7 of Title 11A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Any provision of current law, rule, or regulation requiring a complaint and investigation of discrimination or harassment in any State workplace to be handled, to the extent possible, in a manner that shall protect the privacy interests and confidentiality of those involved, shall not be interpreted to preclude the employee who filed the complaint from disclosing the existence and the contents of the complaint to other government agencies or persons.
b. Any provision of current law, rule, or regulation providing that, in the course of an investigation, it may be necessary to discuss the claims made in a discrimination or harassment complaint with the person against whom the complaint was filed and with other persons who may have relevant knowledge or who have a legitimate need to know about the matter, shall not be interpreted to preclude the person with whom the complaint was filed from disclosing the existence and the contents of the complaint to the head of the State agency, or to a State officer or employee or special State officer or employee as defined under section 2 of P.L.1971, c.182 (C.52:13D-13), who is in a leadership position at the State agency workplace where the prohibited discrimination or harassment is alleged to have occurred.
c. The permitted disclosures concerning the existence and the contents of a discrimination or harassment complaint under subsections a. and b. of this section shall not constitute a violation of any confidentiality directive and shall not result in any administrative or disciplinary action or termination of employment.
2. This act shall take effect immediately.
STATEMENT
Under current regulation by the New Jersey Civil Service Commission, at N.J.A.C.4A:7-3.1, concerning the policy prohibiting discrimination in the workplace, complaints concerning discrimination or harassment in a State workplace must be kept confidential and protect the privacy rights of those involved. The regulation provides, in pertinent part (j), that all "complaints and investigations shall be handled, to the extent possible, in a manner that will protect the privacy interests of those involved. To the extent practical and appropriate under the circumstances, confidentiality shall be maintained throughout the investigative process. In the course of an investigation, it may be necessary to discuss the claims with the person(s) against whom the complaint was filed and other persons who may have relevant knowledge or who have a legitimate need to know about the matter. 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."
This bill provides that these privacy and confidentiality requirements would not be interpreted to preclude an employee who filed the complaint from disclosing the existence and the contents of the complaint to other government agencies or persons. The bill further provides that these requirements would not be interpreted to preclude the disclosure of the existence and the contents of the complaint to the head of the State agency or to a State officer or employee or special State officer or employee in a leadership position at the State agency workplace where the prohibited discrimination or harassment is alleged to have occurred. Finally, the bill clarifies that the disclosures allowed by the bill would not constitute a violation of any confidentiality directive and would not result in administrative or disciplinary action or termination of employment.
