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.
