Is an employer obligated to keep an investigation regarding a complaint of harassment confidential?

Author: Shannon C. Johnson

No. An employer is not obligated to keep an investigation regarding a complaint of harassment confidential because in order to gather facts, the employer and the investigator must question individuals who have information which is relevant to the allegations.

However, the employer should assure the reporting employee that information will only be disclosed to other employees and individuals on a need-to-know basis to the extent required to complete a fair and through investigation of the allegations.