HR, the management team, and others understand that confidentiality clause is to protect your business from staff giving away the company trade secrets, right? Depending on the terminology used an employee may think they cannot tell someone they don’t like their job. The NLRB and EEOC may agree. One option would be to include a disclaimer with each policy. “This policy does not prevent you from discussing the conditions of your employment provided they are consistent with our confidentiality agreement.” Read more on this here:
http://shermanhoward.com/biggest-idiot-meets-class-waivers/
Be sure to contact CyQuest with any additional questions!