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Article
Credit Law Endangers Workers and Consumers
Support HR 1543, the Civil Rights and Employee Investigation Clarification Act
Investigations of sexual harassment, embezzlement, workplace violence, drug sales and other illegal activities are undermined by unintended consequences of the Fair Credit Reporting Act. Employers who retain investigators, attorneys, or human resource professionals are subject to the Act according to the Federal Trade Commission and must:
- Provide notice before initiating an investigation
- Obtain written authorization from the suspect and other employees
- Upon request, disclose the "nature and substance of the investigation"
- Conduct an additional investigation if requested by the employee
- Provide a complete copy of the investigative report to the employee prior to taking any adverse action. The FTC acknowledged in testimony that the report could identify informants.
Congress has enacted numerous laws to protect employees and the public. OSHA requires employers to maintain a safe workplace. Civil rights laws require prompt response to allegations of discrimination or harassment. But the Fair Credit Reporting Act impedes employers from undertaking measures to comply with these laws. Even in the unlikely event that an employer can obtain permission to retain an investigator, the suspect will be able to "cover his or her tracks." Even more important is the chilling effect the law has on potential witnesses who would become known to the accused. At a time of increasing workplace violence, does this make any sense at all? The FCRA ties the hands of employers who are trying to maintain a safe workplace for both employees and customers. This is not to mention concerns about terrorism.
HR 1543 Protects Employees and Consumers
HR 1543 is a bipartisan measure to remove investigations of workplace misconduct from these requirements. It does require that employees receive a report describing the nature and substance of the report if an adverse action is taken against the employee. It does not make any changes to the credit provisions of the act. Sponsored by Representatives Pete Sessions and Sheila Jackson Lee, it has the support of members across the political spectrum. Please join them to cosponsor this vital legislation by calling Elan in Rep. Sessions office at 202.226.8228.
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