Employers beware: is EEOC joining the NLRB to require that employers not instruct employees to maintain the confidentiality of an ongoing investigation of an employee complaint?

Lexology
Mintz Levin Cohn Ferris Glovsky and Popeo PC

David Barmak

 USA

 August 20 2012

 

Lorene Schaefer, a mediator, arbitrator and workplace investigator, has reported on the One Mediation blog that by a letter of August 3, 2012 the Buffalo, New York office of the EEOC notified an employer that the employer’s written policy warning employees who participate in an investigation not to discuss the matter and providing that employees who do so may be subject to discipline including termination of employment may be a “flagrant violation” of Title VII and itself an adverse employment action. While the full text of the EEOC’s letter has not been published and the facts in the underlying case are not known, it appears that the case involved complaints of sexual harassment from multiple women.

 

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