Confidentiality instructions under attack by the NLRB and EEOC

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in Employment Law,Human Resources

by Jessica Satriano, Esq.

On July 30, 2012, in the Banner Health System case, the National Labor Relations Board (NLRB), issued a decision holding that a hospital violated Section 8(a)(1) of the National Labor Relations Act (NLRA) by asking employees who had filed a complaint not to discuss it with co-workers while the investigation was pending.

Shortly after, in a different case, the Buffalo regional office of the EEOC took a similar position: That a confidentiality instruction to an employee making a discrimination complaint would constitute unlawful interference with the employee’s efforts to oppose discrimination.

The EEOC view

EEOC guidance states that complaining about discrimination or harassment to anyone—including management, union officials, other employees or even reporters—is protected opposition. An employer that tries to stop an employee from talking with others about alleged discrimination or harassment is vio...(register to read more)

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