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Site Map - Legal Issues

Retaliation

- A worker who was terminated after she gave corporate investigators pertinent information bolstering a sexual harassment allegation brought by another woman against her boss has now been awarded $1.5 million by a Tennessee jury. The case had gone all the way to the Supreme Court, which affirmed the woman’s right to a retaliation claim.

Duty of Care

- Corporations operating in global markets may not fully appreciate their duty of care to employees operating in those markets. A new white paper explores that responsibility from a legal, ethical, and cost-benefit perspective when employees travel and work abroad.

Drug Testing

- New York City’s police commissioner does not have to consult the police union before changing the department’s drug testing methods, according to the state’s highest court. The commissioner plans to phase out the use of urinalysis and to begin using other methods including analyzing hair samples.

Morning Security Brief: Terrorists Convictions, Pirate Tribunals, and Executive Protection

- Egypt convicts Hezbollah-backed terrorists, the United Nations Security Council pushes for stronger action against pirates, and companies cut back on executive protection.

Putting Duty of Care on the Radar

- Companies must be aware of their legal obligations to protect employees who are living or traveling abroad for business.

Attorney Requests Access to Computers of Possible "Voyeur" School Administrator

- An attorney for a student who was surreptitiously photographed via a school-issued laptop has requested additional discovery after learning that the school took thousands of photos of other students.

Workplace Violence

- A company’s fear of workplace violence was a legitimate, nondiscriminatory reason for firing an employee who had been diagnosed with bi-polar disorder, a federal district court has ruled.

Sexual Harassment

- An employee can pursue her sexual harassment claim against her company even though she never reported the problem, a federal appeals court has ruled. The court ruled that because the employee’s supervisor took actions indicating that he knew about the harassment, he could not later claim ignorance.

Religious Discrimination

- An employee who was fired for repeatedly violating her company’s overtime policy may not sue for religious discrimination, according to a federal appeals court. The employee, a conservative Christian, claimed that her employer took action against her because of her condemnation of homosexuals.

Senate Hearing Weighs Closing Video Surveillance Loophole

- Lawmakers examined whether a decades-old wiretapping statute needs revision in light of a suburban Philadelphia high school that allegedly used a webcam to spy on a student.

U.S. Supreme Court Agrees to Hear Background Screening Case

- The U.S. Supreme Court has agreed to hear a background screening case in which 28 contract employees claim that the government’s screening policy is too intrusive.

Discrimination

- A federal appeals court has ruled that an employee claiming she was fired for her traditional Christian beliefs may not sue her employer for discrimination. The employee repeatedly violated the company’s overtime policy, even after repeated warnings. The court ruled that the employee was fired for failing to meet the legitimate business expectations of her employer.

Regulations

- The Health Information Technology for Economic and Clinical Health (HITECH) Act imposes new privacy requirements for businesses that access medical records. Two recent surveys (here and here) found that many affected by the act were still unprepared to comply.