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Disclosing employee investigations
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Disclosing employee investigations
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The FTC has now given a written opinion that sexual harassment complaint investigations are subject to all the provisions of the FCRA if investigations conducted by outside persons. There is already t
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Disclosing employee investigations
posted at 6/11/1999 9:55 PM EDT
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Posts: 2
First: 6/11/1999 Last: 11/17/1999 |
The FTC has now given a written opinion that sexual harassment complaint investigations are subject to all the provisions of the FCRA if investigations conducted by outside persons. There is already the implication that any alleged workplace wrongdoing (threatening others, intimidation, etc.) requires these same guidelines...informing the empoyee of the investigation and supplying him with all reports. Not many people inside the organization are qualified to conduct these investigations. Any advice on how to leagally comply without having to tell the employee (and perhaps stir his anger even more!)? |
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Disclosing employee investigations
posted at 6/12/1999 6:54 AM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
The easiest way is to keep the investigation "in-house". In an at-will situation, you can release an employee for any reason or no reason, as long as it isn't an illegal reason - so your investigation stays private. I don't see how you can avoid providing the results with an outside service, also risking privacy infringements and a possible libel issue, since the report has now been "published". Also, what's the guarantee if the outside service does a poor job. Even keeping the investigation in-house leaves privacy and defamation issues, and creates risks involved with the discharge, but I'd suggest having some investigatory training, and keeping it all inside the company. There's a growing tendency for separated employees to claim "self-defamation", meaning that they are force to defame themselves when they try to explain why they left there last job. Not having to provide a report on why you made a decision can help decrease that option. Others may disagree -- but I'm a big fan of keeping an investigation very close to home. |
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Disclosing employee investigations
posted at 6/13/1999 11:41 AM EDT
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Posts: 11
First: 6/13/1999 Last: 1/7/2000 |
Bill Leanord fro SHRM wrote an article under SHRM News section at www.shrm.org. The FTC website is www.ftc.gov/os/statutes/fcra/vail.htm.
You might want to download or print out document from FTC website. There is movement afoot to get Congress to do something about amendments attached to this act. HR people and FTC does not like it. |
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Disclosing employee investigations
posted at 6/13/1999 5:25 PM EDT
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Posts: 38
First: 6/9/1999 Last: 10/26/2004 |
Of, course we have to offer a disclaimer here. Our answering this query does not constitute the giving of legal advice and/or create an attorney client relationship.
That FTC opinion is causing real controversy in the HR field. Let's keep in mind that it is only the opinion of the FTC. Let's also keep in mind that the Fair Credit Reporting Act deals primarily with background or what I would call reputation checks on applicants and employees. An could argument can be made that when you are conducting a factual investigaton (mandated by Title VII) into whether an employee has been harassed or not, then you are not investigating "reputation" or "character," but wrongdoing or alleged wrongdoing. Thus, I would strongly argue that an employer's obligations under Title VII trump the opinion of the FTC. The dust has not settled on this issue as of yet. If you are faced with a sexual harassment investigation, you should consult with your favorite labor and employment relations attorney before reaching a final conclusion on the application of the FCRA. |
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Disclosing employee investigations
posted at 6/15/1999 6:56 AM EDT
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Posts: 45
First: 6/15/1999 Last: 6/28/2006 |
OK, I know I'm playing with fire (and I've read the FTC opinion), but I think the FTC is absolutely insane on this one. I cannot imagine that the opinion will ultimately prevail. On the other hand, there has always been reason to believe that investigatory reports will be subject to discovery (even if conducted by an attorney), so sometimes it may actually be in an employer's best interest to simply provide a copy of the report early on. Sure, the report may paint a road map of the company's defense, but it may also convince plaintiff's and their attorney's that a full and fair investigation was performed... |
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