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ADA

- An employee who could not do her job part time while healing from an injury may not subsequently claim that maintaining that part-time job was a reasonable accommodation for her disability. An employee suffering from a back injury was absent from work or unable to complete even a few hours a day in her job. When she was terminated, the employee filed a lawsuit under the Americans with Disabilities Act claiming that maintaining her part-time job should have been offered as a reasonable accommodation. A federal appeals court ruled that the employee’s request was unreasonable because the employee could not demonstrate that she was capable of filling this position if it were offered to her.  

Legal Report

- Federal appeals courts have issued rulings on whistleblowers and border security searches, and lawmakers are considering bills on economic espionage, cybersecurity, and safety of embassy personnel.  

Employment

- A ruling in California finds that security officers who are required to be on the worksite and on-call but not actively working, must still be paid for that time because their ability to engage in personal pursuits is limited. However, officers need not be paid for the eight hours allotted to them for sleep.

Privacy

- A federal appeals court has ruled that law enforcement can extract historic location data from telecommunications companies without a warrant. The information is not protected by the Fourth Amendment, ruled the court because consumers knowingly give up the data each time they make a call or send a text message. The case contrasts with a recent New Jersey Supreme Court ruling that requires police to get a warrant to obtain cell phone information that could be used to track an individual.

Negligent Security

- The family of a civilian contractor who was killed during the terrorist attack against the Marriot Islamabad hotel in 2008, filed a negligent security lawsuit claiming that Marriot failed to protect its guests and employees. A federal appeals court has dismissed the lawsuit on the grounds that the case must be brought in Pakistan, where the attack occurred.

Harassment

- The U.S. Supreme Court has ruled that employees must meet a strict burden of proof when alleging retaliation and has defined who is a “supervisor” in sexual harassment cases.

Legal Report

- The U.S. Supreme Court issues rulings to clarify when employees may bring retaliation claims, and a state court rules that a government agency’s monitoring of an employee was excessive.

Safety

- A hospital did not violate the law when it refused to hire an operating room nurse who was still undergoing treatment for narcotics addiction. The court ruled that the nurse was not qualified to do the job for which he was applying so the ADA did not apply.

DNA

- The U.S. Supreme Court has upheld a Maryland law that allows police to collect DNA on those arrested on serious charges and to enter that DNA into the national database.  

Workplace Violence

- A federal appeals court has ruled that a company did not violate the Americans with Disabilities Act when it required an employee to undergo a psychological evaluation. The company, ruled the court, had legitimate concerns after the employee made threats to a supervisor.

Legal Report

- Courts rule that a company did not violate the law when it required an emplyee to undergo a psychological evaluation and that the state of Maryland may collect DNA samples from those arrested for serious offenses.  

Security Screening

- A federal appeals court has ruled that warehouse employees may pursue a lawsuit against their company to receive payment for the time spent undergoing security screenings at the end of their shifts.

Background Checks

- A federal district court has ruled that an employee who was incorrectly linked to a negative background check may not pursue a class action lawsuit against the consumer reporting agency that conducted the check. The court found that the lawsuit was too broad because the plaintiff could not prove that most negative checks were inaccurate.
 




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