by Megan Anderson, Esq., Gray Plant Mooty, Minneapolis
As if employers don’t have enough challenges to navigate, the National Labor Relations Board (NLRB) and the EEOC have created another dilemma for employers that must conduct workplace investigations.
Several laws require employers to conduct prompt, thorough and reliable investigations. Maintaining confidentiality has long been a hallmark of a good investigation for important reasons: preserving evidence, encouraging witnesses to cooperate and reducing risks of retaliation or other interference with the investigation.
The NLRB and EEOC are actively enforcing the position that a blanket policy requiring confidentiality during investigations violates federal.
That means employers must proceed carefully and thoughtfully when making confidentiality requests during investigations.
The NLRB’s position
In 2012, the NLRB held in its Banner He...(register to read more)