Employers certainly have legitimate business justifications for asking their employees to keep internal investigations confidential. These justifications include protecting witnesses, victims and the accused workers, preventing the spreading of baseless rumors, ensuring the integrity of the investigation, and encouraging employees with complaints and information to come forward.
Moreover, many state and federal agencies have required employers to maintain the confidentiality of certain information. For example, the Equal Employment Opportunity Commission has stated that employers must “protect the confidentiality of harassment complaints to the extent possible” and should “make [this commitment to confidentiality] clear to employees.”
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