'Open door' | Labor judge rules Costco's confidentiality policy for misconduct investigations is unlawful

Costco’s internal confidentiality rules have come under fire after a federal labour judge found that the retailer’s approach to misconduct investigations may violate employee rights.

The ruling, issued by National Labor Relations Board (NLRB) Judge Andrew Gollin, centred on a case involving a worker who filed a complaint of sexual harassment under the company’s “Open Door” policy. The judge determined that the confidentiality agreements employees were required to sign during investigations could deter staff from discussing legitimate workplace concerns, including harassment.