There have been several recent developments that affect workplace investigations about which organizations and their investigators should be aware. Several of these updates were highlighted in an article entitled, “Updated Government Guidelines Cover Confidentiality and Ensuring Prompt, Thorough and Impartial Workplace Investigations,” published in the December 2023 issue of New Jersey Lawyer. The updates include:
- Impact of a major decision from the National Labor Relations Board on investigation confidentiality rules and instructions (Stericycle, Inc.);
- Updated Guidance issued by the Equal Employment Opportunity Commission; and
- New Jersey Division on Civil Rights’ Report “Preventing and Eliminating Sexual Harassment in New Jersey” which introduces New Jersey’s first-ever written investigation “Best Practices.”
The article also focused on practice tips such as the importance of credibility assessments and trauma-informed interviewing techniques.
Organizations should ensure that their legal, compliance, and human resources departments, and leaders are educated about these topics and that their investigation policies, procedures, and protocols are updated.
To read the full article, click here.
For more information on Stericyle, Inc. see our updates entitled NLRB Adopts a New Standard on Employer Rules and Policies and New Stericycle Standard Impacts Workplace Investigation Confidentiality.
For more information on Investigations, click here. For information on KSBranigan Law’s HR on Trial Workshop, click here.
This summary is for informational purposes only and is not intended to constitute legal advice. This information should not be reused without permission.
