Protecting the confidentiality of complainants and others participating in workplace investigations is a tightrope act for investigators. They need to provide assurances of confidentiality to the extent possible without guaranteeing complete confidentiality. This article provides tips on walking this fine line. A previous piece provided other tips on planning workplace investigations.
"Employers cannot guarantee that an investigation will stay confidential," said Gillian McKean Bidgood, an attorney with Polsinelli in Denver. But they can and should take appropriate steps to keep the investigation confidential to the extent possible so that witnesses do not coordinate or confuse their memories by discussing the events, she added.
"Additionally, keeping investigations confidential is important to avoiding damage to the company and employees if the investigation concludes that an impropriety did not occur," she noted.
Virtually everyone involved in an investigation is concerned about confidentiality, so the employer and investigator should understand this from the start, said Julie Moore, SHRM-SCP, a lawyer with and president of Employment Practices Group in Wellesley, Mass. "Before the investigation commences, discussions should take place about who will be told, who will be involved, where interviews will be conducted and what steps will be taken throughout the process to ensure the investigation is kept as confidential as possible," she said.
Policy Statements
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