INFORMATION

Site Map - Legal Issues

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.

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.
 




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