NLRB Squares Itself With EEOC: Employers May Require Confidentiality During Open Investigations

Imagine this scenario: A female employee complains to HR claiming she is being sexually harassed by a male coworker. HR immediately convenes an investigation, and to protect the integrity of the investigation, reminds the accuser, the accused and witnesses of its policy that employees are prohibited from discussing the investigation with coworkers during the investigation. The accused employee files a claim with the National Labor Relations Board, stating the company’s policy violates his rights under federal labor law. Until recently, the accused employee stated a valid claim under federal labor law because of Banner Health Systems (362 NLRB 1108 (2015)).