Employers will have an easier time requiring confidentiality from workers during sexual harassment and other disciplinary workplace investigations, under a decision issued Dec. 17 by the National Labor Relations Board.
A 3-1 Republican board majority overruled an Obama-era decision requiring employers to justify use of nondisclosure rules that ban employees from discussing an ongoing investigation. That 2015 ruling required businesses to make a case-by-case determination of whether an investigation would be compromised if there isn’t a nondisclosure requirement. The NLRB’s latest decision would allow employers to implement blanket nondisclosure rules requiring confidentiality in all workplace investigations.
The issue has taken ...