Sexual Harassment Lawyer Blawg
When a Costco Wholesale employee in Newport News, Virginia filed an EEOC charge alleging mockery of his Arabic accent, derogatory comments and gestures making fun of his “smell,” his coworker spraying Lysol at him, and other racial harassment, COSTCO asked him to sign a company “Confidentiality” form as part of its investigation—but the National Labor Relations Board, or “NLRB,” has already decided COSTCO’s form violates federal law.
On May 9, 2025, the Store Manager at the Newport News location approached “Jay,” the employee who filed the charge. He presented Jay with a form called “Acknowledgement of Confidentiality for Investigations.” The Manager read the form out loud and asked Jay to sign it. Among other things, it included this language:
I have not recorded any part of this interview and I acknowledge that electronic recordings of any conversation without the consent of all parties is considered a violation of company policy and may result in disciplinary action up to and including termination.