EEOC And NLRB Inconsistent On Confidential Investigations

Law360 (September 21, 2018, 11:41 AM EDT) -- The latest report and proposed guidance from the U.S. Equal Employment Opportunity Commission on how employers should respond to sexual harassment in the workplace[1] have raised questions about the confidentiality of investigations. Although the EEOC recommends that employers maintain the confidentiality of internal harassment investigations to the extent possible, this recommendation may conflict with a 2012 ruling by National Labor Relations Board. The NLRB ruling prohibits employers from routinely forbidding employees from discussing investigations of misconduct.

The EEOC's Position on Confidentiality in Investigations

In June 2016, the EEOC's Select Task Force on the Study of Harassment in the Workplace issued a...

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