Using Experts to Investigate Workplace Misconduct - Including Claims of Harassment - Just Got Easier

The ability of employers to fully and fairly investigate incidents of employee misconduct became less onerous with the recent passage of the Fair and Accurate Credit Transactions Act (the “Fact Act”). After several years of intense effort by a coalition of business organizations, human resource professionals, private investigators and members of the security industry, counseled by attorneys from Seyfarth Shaw, President Bush signed the Fact Act into law on December 4, 2003, amending the Fair Credit Reporting Act (“FCRA” or the “Act”). Significantly for employers, the amendment makes it easier for companies to use outside experts to conduct workplace investigations for employment purposes.