Fair Credit Reporting Act's Reauthorization Aids Workplace Security; Major Legislative Victory for ASIS International's Advocacy Program

Business Wire, Dec 5, 2003

Business Editors

ALEXANDRIA, Va.--(BUSINESS WIRE)--Dec. 5, 2003

ASIS International (ASIS) has achieved the most significant legislative victory in its 49-year history. Yesterday, the president signed into law a bill reauthorizing the Fair Credit Reporting Act (FCRA), which includes a provision that removes workplace misconduct investigations from the notice and disclosure requirements of the FCRA. With organizations including the U.S. Chamber of Commerce, the Society for Human Resource Management (SHRM), and the National Council of Investigation and Security Services (NCISS), ASIS had worked for four years to achieve this goal.

The barriers to workplace misconduct investigations were posed by a 1999 Federal Trade Commission (FTC) opinion that prohibited employers' use of outside professional investigators in cases of suspected employee misconduct unless the same requirements used in credit investigations were satisfied. This meant that the worker suspected of misconduct had to be notified before any investigation, in effect giving him or her the opportunity to tamper with evidence or influence or threaten witnesses. In addition, the FTC required that the employer provide a complete copy of the investigation's results to the suspect employee, including the names and comments of witnesses.

These barriers were overlooked as Congress, reviewing the FCRA, focused primarily on the consumer credit issues that form the bulk of the law. This was the case until Rep. Pete Sessions, a Republican from Texas, recognized the threat posed to the security and safety of employees and consumers by the FTC opinion. Sessions developed and introduced legislation to correct this problem in the 106th, 107th and 108th Congresses. He sought help from industry groups, including ASIS, in moving his legislation.

ASIS Director of Government Affairs Jack Lichtenstein attributes the success of the effort mainly to "the determination and drive of Congressman Pete Sessions," who "recognized a serious failure in the law and worked tirelessly to build bipartisan support in the Congress to correct it. He promised that he would keep pursuing this until the problem was resolved," Lichtenstein said, "and he was true to his word."

In meetings with Members of Congress and their staffs over four years, ASIS' continuing emphasis on the security implications of the FTC opinion, especially its potential impact on workplace violence, strongly affected the bill's outcome. The pairing of ASIS and NCISS on this issue seemed particularly effective. NCISS represents professional investigators and ASIS represents the security managers who often hire them to conduct investigations. In addition, FCRA reform was the major issue addressed at two Security Summits organized by ASIS, which involved the International Security Management Association (ISMA), the National Association of Security Companies (NASCO), and other industry groups.

Sarah Pierce, Manager of Employment Policy at SHRM, said, "HR professionals are tasked with compliance of the numerous federal and state laws that govern the workplace. The FTC's 1999 interpretation was problematic because it contradicted numerous other laws that were specifically tailored to apply to the workplace. The correction of the 1999 Vail Opinion Letter is an appropriate correction of the law removing this compliance conundrum. We are very pleased with the outcome."

"Because of the changes, employers can now hire outside experts to investigate incidents of workplace misconduct without fear of liability under FCRA," said Josh Ulman, Director, Labor Law Policy for the U.S. Chamber of Commerce. "Clearly, this will facilitate employers in their ongoing efforts to combat workplace violence, harassment, and other threats to workplace safety," he added.

"The FCRA had greatly hampered us," reports Marene Allison, Director of Security for the telecommunications corporation Avaya. "This is a major victory for the employer's right to maintain a safe and secure workplace, and insures a suspect's right to a professional, thorough, and impartial investigation."

ASIS International will continue to advocate for the advancement of security worldwide.

ASIS International (ASIS) is the preeminent organization for security professionals, with more than 33,000 members worldwide. Founded in 1955, ASIS is dedicated to increasing the effectiveness and productivity of security professionals by developing educational programs and materials that address broad security interests, such as the ASIS Annual Seminar and Exhibits, as well as specific security topics. ASIS also advocates the role and value of the security management profession to business, the media, government entities, and the public. By providing members and the security community with access to a full range of programs and services, and by publishing the industry's number one magazine -- Security Management -- ASIS leads the way for advanced and improved security performance.