Section 4

Question 1

How are workplace misconduct issues handled under the FCRA?

Answer 1

FACTA changed the legal definition of consumer report to exclude employee misconduct investigations
If an employer makes a negative decision (adverse action) based on such a report, they have to provide the employee with a summary describing the scope of the investigation and the findings.

Question 2

What are the exceptions to the ECPA that allows employers to conduct video monitoring in the workplace?

Answer 2

Obtaining consent or business purpose

Question 3

How long do employers have to retain records related to employment decisions (per the EEOC)?

Answer 3

One year (two for some other entities like educational institutions, state and local governments, and federal contractors)

Question 4

What is the Vail Letter?

Answer 4

Interpretation of the FCRA that employee misconduct investigations had to be notified to the employee. This was overturned by FACTA.uch

Question 5

What is the Symth v Pillsbury decision?

Answer 5

ED Pennsylvania - employees do not have a right to privacy in their company-provided email accounts