It is a standard practice at companies to prevent an employee from discussing allegations of discrimination or harassment while the investigation is ongoing. This is a standard practice by employment lawyers in NJ and is commonly recommended. However, the EEOC recently issued an opinion that this practice is illegal and in violation of Title VII. This common employment law practice may need to be modified by employers and employees will have the right to discuss the allegations of employment law violations before, during and after an investigation.
If you have any questions employment employment law in NJ and have questions regarding an internal investigation, please call us to discuss.