Court Upholds Restrictions on Employer's Ability to Demand Confidentiality of Workplace Investigations

Abstract

In spite of rulings from the National Labor Relations Board that limit employers' right to demand employees keep confidential information regarding workplace investigations, many, if not most, employers continue to request employees do not discuss with others their participation in investigatory interviews. Recently, a federal court effectively upheld the NLRB's restrictions on the ability of an employer to ensure confidentiality when conducting internal investigations (Banner Health Sys. v. NLRB, 851 F.3d 35 (D.C. Cir. 2017)).