But, wait! There’s more! On June 26, the Board, by a 2-1 panel vote in Banner Health System, decided that an employer cannot categorically instruct employees involved in an internal investigation to keep the investigation confidential. In this case, the employer used an interview form that instructed employees that the investigation interviews were confidential and not to be discussed while the investigation was ongoing. The two Democrat members on the panel found that employees have a right to discuss disciplinary investigations among themselves and that employers wishing to maintain confidentiality in investigations can do so lawfully only if they show, through objectively reasonable grounds, that lack of confidentiality will compromise the integrity of the investigation.