Security Director Alert - NLRB Bans Blanket Confidentiality Policies for Workplace Investigations

It is common practice for employers to prohibit their employees from discussing ongoing workplace investigations. 

Many employers believe that this restriction is necessary to ensure the integrity and fairness of investigations involving employee misconduct. As a result, employers often have policies that require confidentiality in all workplace investigations.

According to a 2015 decision by the National Labor Relations Board (NLRB), these policies are illegal. The decision, known as Banner Estrella, states that employers cannot enforce a blanket policy requiring confidentiality during workplace investigations. Because of this decision, many employers will need to update their policies and human resources (HR) practices. more