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Site Map - Legal Issues

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.

Managing

- Employers must be aware of the requirements of immigration law, the penalties for violations, and how to create a robust compliance program.

Legal Report

- Courts rule in one case that a person cannot bring a class action suit against a company that inaccurately reported negative findings in a background check, and in another that employees may pursue a lawsuit against their employer to be compensated for time spent in security screening.

Morning Security Brief: Crash Investigation, Private Sector Perks in Immigration Bill, and EU Demands Privacy Talks

- The investigation begins into the crash of an Asiana Airlines jet in San Francisco; the new immigration under consideration in Congress includes billions in private sector projects; and the European Union demands privacy talks with the United States.

U.S. Supreme Court Favors Employers in Discrimination Rulings

- 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.

Morning Security Brief: DNA Debate, Secret Surveillance Court Documents Ruling, and More

- Civil rights groups are asking why the U.K. government has been sending DNA samples from terrorism suspects to police agencies around the world with no oversight; the secret Foreign Intelligence Surveillance Court releases a ruling; and President Obama makes little headway on cybersecurity issues with China’s President Xi.

Supreme Court Upholds DNA Collection

- 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.

Firearms

- A federal appeals court has ruled that the right to carry a concealed weapon is not protected under the U.S. Constitution. The court ruled that it could not declare the act of carrying a concealed weapon as “sufficiently basic to the livelihood of the nation.”

Legal Report

- A company’s drug and alcohol screening program passes judicial muster, the U.S. Supreme Court rules that police need a warrant to use drug dogs, and legislators consider bills on courthouse security, school safety, and fraud.

Private Security and the Law, Fourth Edition

- In this provocative book, the author covers a wide spectrum of topics regarding private security law. The book excels primarily because the author continually emphasizes the overarching business imperatives while considering the applicable liabilities.

Religious Discrimination

- A federal court has ruled that an employee may pursue her religious discrimination claim against her employer. The employee argued that she could not follow company policy and receive a flu shot because it was against her religion, veganism. The court is allowing the case to proceed, ruling that the employee should be given the opportunity to prove that veganism meets the requirements of religious belief under discrimination statutes.

Investigations

- A California appeals court has ruled that an employee may be legally fired for failing to cooperate with an in internal investigation.

Morning Security Brief: Background Checks on Gun Purchases, Nuclear Emergencies, and Law Enforcement Corruption

- U.S. Senators agree to background checks at gun shows, a report urges the government to better research emergency response to a nuclear disaster, and two agents charged with investigating corruption are found falsifying records.
 




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