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Court Upholds Restrictions on Employer's Ability to Demand Confidentiality of Workplace Investigations
Publication year - 2017
Publication title -
management report for nonunion organizations
Language(s) - English
Resource type - Journals
eISSN - 1530-8286
pISSN - 0745-4880
DOI - 10.1002/mare.30291
Subject(s) - confidentiality , banner , business , labor relations , labour law , law , supreme court , public relations , law and economics , political science , economics , archaeology , history
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)).