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NLRB, EEOC confidentiality stance muddles investigations

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in Employment Law,HR Management,Human Resources

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 labor and employment law.

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)

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