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Labor/Employment

Jul. 19, 2024

The conflicting views on confidentiality in workplace investigations create a legal dilemma

The Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB) have conflicting views on the propriety of confidentiality admonitions in workplace investigations, leaving employers in a difficult situation.

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A conflict between the approaches of the Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB) regarding the propriety of confidentiality admonitions has put workplace investigators into an untenable situation.

Maintaining confidentiality in workplace investigations (at least to the extent possible) has long been a hallmark of proper investigation procedures. For example, in Rob...

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