[First Reprint]

ASSEMBLY, No. 5629

STATE OF NEW JERSEY

218th LEGISLATURE

 

INTRODUCED JUNE 17, 2019

 


 

Sponsored by:

Assemblywoman  ELIANA PINTOR MARIN

District 29 (Essex)

Assemblywoman  NANCY F. MUNOZ

District 21 (Morris, Somerset and Union)

Senator  LORETTA WEINBERG

District 37 (Bergen)

Senator  KRISTIN M. CORRADO

District 40 (Bergen, Essex, Morris and Passaic)

 

Co-Sponsored by:

Assemblywomen B.DeCroce, Schepisi, Murphy, Downey, Pinkin, Dunn, Senators Ruiz, Greenstein and Madden

 

 

 

 

SYNOPSIS

     Clarifies provisions concerning disclosure of existence and content of discrimination or harassment complaints; requires certain disclosures to person against whom complaint is made.

 

CURRENT VERSION OF TEXT

     As amended by the Senate on January 9, 2020.

 


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.

     1d. Notwithstanding any law, rule, or regulation to the contrary, within 30 days of the filing of a discrimination or harassment complaint, the person with whom the complaint was filed shall disclose the existence and the contents of the complaint to the person against whom the complaint was filed. Within 30 days of concluding the investigation of the discrimination or harassment complaint, the person concluding the investigation shall notify the person against whom the complaint was filed of the investigation’s conclusion and shall disclose the outcome of the investigation. The required disclosures concerning the existence and the contents of a discrimination or harassment complaint under this subsection shall not constitute a violation of any confidentiality directive and shall not result in any administrative or disciplinary action or termination of employment.1

 

     2.    This act shall take effect immediately.