Agencies Clash Over Sex Harassment Investigations

The Equal Employment Opportunity Commission (EEOC) says sexual harassment probes should be kept as private as possible, while the National Labor Relations Board (NLRB) argues workers' "concerted activity" right includes the freedom to talk to each other about job-related complaints, reports Bloomberg Law . "By keeping victims in the shadows and not letting them know that there may be other victims out there, the Weinsteins of the world are able to thrive," says Chicago attorney Brenda Feis. Both agencies have held preliminary discussions about reaching a middle ground on their clashing decisions, in the hope of providing businesses a better idea of when they can force investigations to be confidential. "The board's decision is problematic because it makes it incredibly difficult to conduct investigations with the confidentiality that you need to protect the integrity of the investigation and protect the people involved," says Philadelphia lawyer Jonathan Segal. The EEOC enforces a federal ban on sex harassment in the workplace, while the NLRB enforces a separate labor law granting workers the right to unionize and "to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection." NLRB General Counsel Peter Robb has expressed a desire to revisit the board's approach to the confidentiality issue. Feis notes the NLRB acknowledges that a business may have a legitimate interest in shielding confidentiality in certain cases, while critics say the board is forcing human resources officers to make difficult legal decisions based on the circumstances of each particular situation.