USACHENOK v. STATE

Nos. A-40 September Term 2022, 086861

Viktoriya Usachenok, Plaintiff-Appellant, v. State of New Jersey Department of the Treasury, John Mayo, Bulisa Sanders and Deirdre Webster Cobb, Defendants-Respondents.

Supreme Court of New Jersey.

Decided May 6, 2024.


Attorney(s) appearing for the Case

Andrew Dwyer argued the cause for appellant ( Smith Eibeler , James M. Curran , and The Dwyer Law Firm, attorneys; Christopher J. Eibeler , of counsel and on the briefs, and Lisa A. Hernandez , Devin T. Russo , and James M. Curran, on the briefs).

Donna Arons , Assistant Attorney General, argued the cause for respondents ( Matthew J. Platkin , Attorney General, attorney; Donna Arons, of counsel, and Adam Robert Gibbons , Nicole Adams , Adam Marshall , and Levi Klinger-Christiansen , Deputy Attorneys General, on the briefs).

Julie A. Murray (American Civil Liberties Union Foundation) of the District of Columbia and New York bars, admitted pro hac vice, argued the cause for amici curiae American Civil Liberties Union of New Jersey and American Civil Liberties Union (American Civil Liberties Union of New Jersey Foundation, and American Civil Liberties Union Foundation, attorneys; Alexander Shalom, Jeanne LoCicero, Julie A. Murray, and Gillian Thomas (American Civil Liberties Union Foundation) of the New York bar, admitted pro hac vice, on the brief).


In this appeal, we consider the constitutionality of a regulation that applies to harassment and discrimination investigations in State workplaces. Part of the regulation requires State investigators to "request" that anyone interviewed "not discuss any aspect of the investigation with others...

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