In a recent enforcement action, the National Labor Relations Board held that a company’s blanket policy requiring employee confidentiality during a human resources investigation violated Section 7 of the National Labor Relations Act. This section of the Act gives employees the right to “engage in concerted activity.”

The Board’s decision prohibited employers from placing intra-workplace gag orders concerning the matter under investigation on employees. Employers, however, will have to balance this NLRB ruling with the Equal Employment Opportunity Commission’s guidelines which require employers to maintain confidentiality to the extent possible during HR investigations of employee conduct.

In light of this NLRB enforcement, employers and HR departments should review their confidentiality policies for workplace investigations. If you would like guidance in ensuring that your company’s policies comply with both EEOC and NLRB regulations, DLM Legal’s attorneys can help. Contact one of them by calling 216.635.0002 or emailing info@dlmlegal.com.