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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!