Following the release of Banner Health`s decision, employers are in a difficult position. The EEOC continues to recommend that employers keep investigations as confidential as possible, although the Commission has proposed that the two managing authorities consult each other in order to clarify and harmonise conflicting requirements. In Banner Health System, NLRB 362 No. 137 (June 26, 2015), the NLRB reminded employers of the Board`s long-standing position that “employees have the right under section 7 to discuss ongoing disciplinary action or disciplinary investigations involving themselves or employees.” First, end any common practice of requesting employee confidentiality during an investigation. Review investigation scripts and policies and make sure each investigator is trained not to give instinctive confidentiality instructions. Second, however, absolute privacy is a challenge for at least two reasons. Years ago, human resources professionals, labor lawyers, and even the EEOC realized that it is not advisable to promise a plaintiff complete confidentiality, as it is often not possible to fully investigate concerns without disclosing certain aspects of the complaint, including the identity of the prosecutor. Can you prevent employees from sharing survey information? Create comprehensive and consistent survey reports with our free report template. Employers and investigators often face the challenge of separating fact from fiction when investigating allegations of workplace misconduct. As part of a thorough investigation, employers often have to interview various employees with potential information related to the alleged misconduct. As part of the desire to have the most impartial and neutral testimony and to conduct thorough and effective investigations, investigators often tell staff not to discuss the investigation with their colleagues until the investigation is complete. You talk to Grant and tell him that he will be more productive if he lets you, the person who is actually trained and employed to conduct this investigation, do the investigation, and you would appreciate it if he maintained confidentiality as you discussed. It helps the cause, but Grant still has a few conversations with other staff members.