If an employer has not secured a blanket pre-authorization and disclosure from its workforce, it would be necessary to secure the authorization at the time of a suspected incident. Certainly, that action would alert a moderately suspicious employee. Investigations into incidents of suspected theft become futile. Logistically, it may be impossible to secure an authorization in cases involving workers' compensation abuse. Under the FCRA, the employer may not redact this report.
Most people expect a modicum of privacy, security and safety at work.
Consider the problems of releasing a written consumer report relating to an incident of sexual harassment in the workplace. If an employer receives a complaint of sexual harassment it is required to immediately investigate and take prompt remedial action where appropriate. 17 Friends and associates of the parties involved may be totally unwilling to cooperate in a workplace investigation if they know that a disgruntled co-worker is going to be driving around with statements of what they said and where they live on a piece of paper. 18 Employer action may be limited to placing an employee discovered to be engaging in criminal activity, sexual harassment or violent and dangerous conduct on paid administrative leave while the notice period is satisfied, but surely that was not the intent of Congress when this law was amended. At the end of the requisite notice period, the employer may take action.