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Disclosure and Authorization Requirements for Employee Misconduct Investigations Exempted by New Law

January 07, 2004

By Stephen L. Berry and John F. Hyland

On December 4, 2003, President Bush signed into law H.R. 2622, the Fair and Accurate Credit Transactions Act of 2003, amending the Fair Credit Reporting Act in a number ofways. Although FACTA aims primarily to prevent identity theft, improve resolution of consumer information, one provision of the new law fixes a problem that employers who retain a third party to investigate misconduct in the workplace have faced for the last four years.