Good news: Your organization no longer has to notify employees suspected of workplace misconduct that they are targets of third-party investigations. That's because Congress recently reauthorized the(FCRA) and erased those burdensome notification and disclosure rules. President Bush signed the law Dec. 4.
Previously, the government interpreted FCRA to say that you couldn't use an outside investigator to look into workers' wrongdoing, including sexual harassment, unless you notified workers that they were targets. Also, you needed to obtain written OK from the worker prior to launching the probe.
The new law exempts certain employee investigations from that prior-approval requirement, including those involving employee misconduct and law violations.
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