INFORMATION

Site Map - The Workplace

Employment

- In a recent court case, an employer was found liable for a car accident caused by an employee because the employee was required to use her personal vehicle for work-related trips. 

Retaliation

- Federal courts have issued two recent opinions on the retaliation provisions of the Dodd-Frank Act. These provisions protect whistleblowers who report wrongdoing to the Securities and Exchange Commission (SEC). In one case, the court ruled that the provisions do not apply outside the United States. The other decision found that employees can be covered by the provision even if they are terminated before reporting to the SEC.

Ready to Respond

- Proper training can help ensure that security officers know what to do when called to the scene of an incident involving a disruptive person who may be anywhere on a continuum of violence in the workplace. 

Whistleblowers

- A New Jersey jury has awarded a lab technician more than $2 million after he was terminated over a whistleblower complaint. The technician had complained to senior managers about insufficient blood bank staffing and procedures. Issues such as failure to have skilled technicians on staff violated state law. After the technician complained, he was subjected to unfair discipline and was then fired.  

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.

Liability

- An employer may be held liable for vehicular manslaughter committed by an employee after hours. An employee became intoxicated at a company party and then later, after he had returned home and then left again, crashed into another car, killing the driver. The parents of the victim may sue the employer because the employee was acting within the scope of his employment when he got drunk.

Virtually at Work

- A virtual desktop environment can help companies securely manage “bring your own device” policies by controlling access to corporate information.

Book Review: Pre-Employment Background Investigations for Public Safety Professionals

- While few books deserve five stars, this excellent work deserves at least that. Author Frank Colaprete is a former police lieutenant with an impressive résumé. His academic acumen and scholarship shine brightly in this easy-to-read and informative text.

Confronting the Insider Threat

- How companies can reduce the insider threat with prescreening, ongoing monitoring, and awareness programs.

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.

Americans with Disabilities Act

- A federal court has ruled that, because a company did not properly define an employee’s job, that employee may pursue a claim under the Americans with Disabilities Act (ADA). A night-shift dispatcher asked to be switched to a day shift because of his diabetes and hypertension. The company refused to switch the employee to the day shift and the employee sued. Because the job description did not specify that the night shift was essential to the job, the court allowed the lawsuit to proceed.
 




Beyond Print

SM Online

See all the latest links and resources that supplement the current issue of Security Management magazine.