Good news: You no longer have to notify employees suspected of workplace misconduct that they are targets of third-party investigations. Congress recently altered the(FCRA) to erase those burdensome notification and disclosure rules.
Previously, the government interpreted FCRA to say that you couldn't use an outside investigator to look into an employee's wrongdoing, including sexual harassment, unless you notified the employee first and obtained written permission from him or her to launch the probe.
The new law exempts certain employee investigations from this prior-approval requirement, including those involving employee misconduct and law violations.
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- Courts will understand: Feel free to punish differently for misconduct that appears similar