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How to conduct third-Party investigation without tipping off alleged harasser

01/01/2008

Q. I have received a complaint from one of my employees alleging sexual harassment by a supervisor in my HR department. I want to bring in an independent investigator, but I’m concerned I’ll have to notify the subject of the investigation. I’ve heard that the Fair Credit Reporting Act (FCRA) requires me to notify employees before investigating these types of complaints through a third party. Obviously, this would make things uncomfortable for the employee who filed the complaint. Does the FCRA’s notice requirement apply to a sexual harassment investigation? ...

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