Articles FTC Expands Fair Credit Reporting Act to Workplace Investigations Reprinted from the New Jersey Labor and Employment Law Quarterly Vol. 1 it is designed to ensure that the process of investigating and evaluating consumer credit is at heart a fair and accurate one that honors the consumer's right to privacy. You also probably believe that the message the government has sent regarding harassment and investigations of harassment has been clear. After all, by now most employers know that they need to adopt policies against discrimination and harassment in the workplace, publicize those policies, train their employees, and take concrete effective remedial action once employees complain.
Remediation often requires the conduct of investigations.
Such an investigation, you know from experience, moves forward even when the parties to it especially the alleged harasser and sometimes the alleged victim of harassment would rather that it did not. Recently the FTC staff issued an advisory opinion that concluded that the FCRA's reporting requirements apply whenever a company hires a private investigator or outside attorney to investigate workplace activities, including allegations of sexual harassment. The report's information, according to the staff opinion, may not be redacted. The Effect of the Ruling No court opinions or state regulations have interpreted or addressed these staff opinions. Yet, they may cause significant, practical effects.