• Congress Clears The Way For Workplace Investigations
  • December 16, 2003
  • Law Firm: Piper Rudnick LLP - Washington Office
  • When Congress amended the Fair Credit Reporting Act (FCRA) in 1996 to include certain notice and authorization requirements in connection with requests for consumer reports, no one fully realized the impact the law could have on employers. In particular, no one contemplated that a staff member at the Federal Trade Commission (FTC), in what came to be known simply as the Vail letter, would interpret the FCRA as requiring those employers who use outside counsel or other third-party investigators in workplace investigations to notify and obtain the targeted employee's consent before conducting any investigation, and then to disclose to the targeted employee any investigation communications, including the names of witnesses.