INFORMATION

Site Map - Legal Issues

ADA

- A federal appeals court has ruled that, under the ADA, an employee need only request accommodation to trigger an employer’s obligation to provide appropriate accommodation.

Negligence

- A California court has ruled that a contract security guard company can be held liable for failing to fulfill its contract.

False Arrest

- A false arrest practical joke gone bad was not grounds for a lawsuit against the company, said a court.

Identity theft.

- Minnesota Governor Tim Pawlenty has offered several proposals designed to combat identity theft in the state. The proposals are currently under review by state agencies. They will subsequently be introduced in the Minnesota Legislature.

Aircraft security

- A bill (H.R. 4353) introduced by Rep. Christopher Shays (R-CT) would require that all passengers flying on aircraft that is also carrying uninspected cargo be notified by DHS. The passengers would be told that the aircraft’s cargo has not been screened for explosives or other hazardous materials.

Cargo security

- A bill (H.R. 4899) introduced by Rep. Jerrold Nadler (D-NY) would require that all cargo containers bound for the United States be scanned using the best-available technology—including radiation and density scanning—before they are loaded onto a ship. These scans would then be reviewed by U.S. security personnel before the container is loaded. Once scanned, the containers would be sealed with a device that would indicate whether the container has been tampered with in transit. Under the bill, this device would have to have the capability to notify officials if a breach has occurred before the container enters a U.S. port.

Privacy

- A bill (S. 2389) introduced by Sen. George Allen (R-VA) that would make it illegal to solicit, acquire, or sell another person’s confidential telephone records without that person’s consent has been approved by the Senate Commerce, Science, and Transportation Committee. A similar provision (S. 2178) has been approved by the Senate Judiciary Committee. S. 2178 would prohibit obtaining confidential phone records by fraud or any other unauthorized means from a telecommunications carrier or IP-enabled service provider. Under the measure, the sale of such records by anyone would be punishable by up to five years in prison. The penalty doubles for repeat violations within a 12-month period and for violations involving more than $100,000 or more than 50 customers. Law enforcement activities are exempt.

Harassment

- An employee may not claim harassment against her employer, because the company took action to respond to her complaints, rules the Third Circuit Court of Appeals.

Legal Report

- The Ninth Circuit on the ADA and mental illness; pending U.S. laws on counterfeiting, privacy, and transit; new legislation in Missouri and Virginia

Firearms

- A new bill (H.B. 146) introduced in the Virginia House of Delegates would prohibit anyone who is carrying a concealed weapon into a restaurant or club from consuming alcohol on the premises. Certain people would be exempt under the bill including the owner of the premises in question and law enforcement officers. Members of target-shooting organizations and gun-collecting clubs would be exempt only if their weapons are unloaded and securely wrapped.

Counterfeiting

- A bill (H.R. 32) that would prohibit trafficking in labels or similar packaging, with knowledge that a counterfeit mark has been applied to them, has been approved by both the House of Representatives and the Senate. It has been sent to President Bush for his approval. Under the bill, the definition of “counterfeit mark” includes any mark on a label or packaging that is substantially indistinguishable from a trademarked design, and that is likely to mislead consumers. Under H.R. 32, any article that bears a counterfeit mark will be subject to forfeiture.

Privacy

- Several bills that would prohibit the sale of telephone records to third parties have been approved by congressional committees. Though the bills vary slightly in detail, they all would impose stiff penalties on violators. The Senate Judiciary Committee has approved S. 2178, which would prohibit obtaining confidential phone records by fraud or any other unauthorized means from a telecommunications carrier or IP-enabled service provider. Under the measure, the sale of such records by anyone is punishable by up to five years in prison. The penalty doubles for repeat violations within a 12-month period, and for violations involving more than $100,000 or more than 50 customers. Law enforcement activities are exempt under the bill. Two related bills (H.R. 4709 and H.R. 4714) have been approved by the House Judiciary Committee.

See You in Court

- Managers must be well versed in the many ways that discrimination cases can arise to avoid exposing the company to legal claims.
 




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