INFORMATION

Site Map - Legal Issues

Some Countries Fight Organized Crime with a Tool Called Unexplained Wealth Orders

- Unexplained wealth orders (UWO) have been successful at helping Ireland combat organized crime, experts said at a panel exploring ways to counter transnational organized crime at the National Institute of Justice 2011 Conference today.

Protected Speech

- A government agency is not liable for retaliation for firing an executive for insubordination. The executive had launched an investigation into corruption without permission and continued it after being told to stop. A federal appeals court ruled that the executive would have been “suspended and then terminated even absent any retaliatory intent.”

Defamation

- Those who publicly report expunged conviction records are not liable for defamation if the information disclosed is true, according to the New Jersey Supreme Court. In the case, a political campaign publicized the expunged drug conviction of an opponent’s aide in a flyer.

Retaliation

- An employee who was fired shortly after complaining of sexual harassment may pursue his retaliation claim against his employer, according to a federal appeals court (.pdf). The employee may pursue his lawsuit because he was fired two days after making a claim. The timing alone, ruled the court, serves as circumstantial evidence of retaliation.

Secret Information

- The government may not use the Freedom of Information Act exemption allowing the government to keep personnel and human resources issues secret to deny requests on other issues, such as the location of explosives on a military base, the Supreme Court ruled. But it left open the possibility that other exemptions could yield the same result.

Discrimination

- An employer is liable for discrimination against an employee who was also a member of the U.S. Army Reserves, according to the U.S. Supreme Court. The Court ruled that even though the person who fired the reservist had no discriminatory motives, she relied on information from those who did.

Liability Lessons for Hospitals

- By understanding what leads to lawsuits against hospitals, healthcare organizations can reduce the risk of litigation.

Morning Security Brief: Patriot Act Extension Approved, Arizona Law Passes Muster, and IRS Tackles Identity Theft

- President Obama signs Patriot Act extension, the U.S. Supreme Court approves Arizona illegal immigrant law, and the IRS tackles identity theft.

Morning Security Brief: Immigration Program Scrutinized, Medical Marijuana Mixes with Handguns, and Border Searches Questioned

- Lawmakers question a federal program designed to root out illegal aliens, the Oregon high court has ruled that a medical marijuana patient may carry a handgun, and a report alleges that border searches violate the Constitution.

Elsewhere in the Courts: Employment

- A federal appeals court has ruled that an employee who was terminated for taking seven weeks of unapproved leave may not sue her employer under the Family and Medical Leave Act. The court ruled that the employee’s spiritual healing trip was not protected under the statute because it was actually a vacation.

State Legislation: Kansas: Discrimination

- A new bill (S.B. 53) introduced in Kansas would expand state discrimination laws to prohibit discrimination by employers based on sexual orientation. Currently, employees are only protected from discrimination based on race, religion, gender, and disability.

False Arrest

- A federal appeals court has found that a police officer who relied on a faulty arrest warrant when detaining a suspect is not liable for that error. The court ruled that the officer’s actions were reasonable because he relied on the New York state database of former and current convicts, a reliable source, to identify a suspect.

Social Media

- A company that fired one of its employees for posting a negative comment about her supervisor on Facebook has settled with the National Labor Relations Board (NLRB). The NLRB argued that the company’s social media policy was too broad and infringed upon employees’ protected right to discuss their employment. As part of the settlement, the company agreed to change its rules.
 




Beyond Print

SM Online

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