INFORMATION

Site Map - Legal Issues

London's Police Guilty of Shooting Death of Innocent Man

- Police shot Brazilian Jean Charles de Menezes in a tube station a day after suicide bombers failed in attacks against London.

Patriot Act

- Before adjourning for the August recess, the House and Senate approved different bills renewing the Patriot Act. The House measure (H.R. 3199) would make permanent most of the expiring law enforcement provisions, and it would extend for ten years two controversial items—seizure of personal records, such as those held by libraries, and roving wiretaps. The Senate version of the bill (S. 1266) would also make permanent most of the provisions but would extend the two controversial provisions for only four years. In addition, the Senate legislation, which is preferred by civil rights advocates, would allow people to challenge warrants issued by secret courts and would require that those targeted be notified within seven days unless a judge grants an extension. When Congress returns in September, a House and Senate conference committee will try to draw up a compromise bill that resolves the differences.

Sexual Harassment

- The Montana Supreme Court has ruled that a restaurant is liable for the sexual harassment of a cocktail waitress.

Personality Test

- A federal appeals court has ruled that personality tests are considered medical tests under ADA.

Legal Report

- An employee can sue over on-the-job horseplay, plus proposals for security officer checks, terrorism reinsurance, and more.

Security Law and Methods

- Author James F. Pastor weaves together security standards, best practices, and the law to help lawyers who litigate civil premises liability cases.

Discrimination

- The New Jersey Supreme Court has ruled that a company did not discriminate against a pregnant employee when it allowed her only 26 weeks of medical leave in a single year. A company policy, the 26-week rule was applied equally to all employees so it could not be considered discriminatory. In a dissenting opinion, three of the court’s seven judges claimed that the policy should be considered discriminatory because only women will be forced to use the policy for pregnancy-related conditions, thus limiting the amount of medical leave available to women. Because this situation would never apply to a male employee, the judge argued, the pregnant employee should have prevailed in the case. (Gerety v. Atlantic City Hilton Casino, New Jersey Supreme Court, No. A-33-04, 2005)

Electronic Discovery

- The U.S. Supreme Court has adopted new rules of civil procedure for courts to follow for electronic discovery.

Whistleblower Protection

- The Texas Supreme Court has ruled that an employee cannot sue his employer for wrongful termination under a state whistleblower statute because he was not asked to commit a crime.

Retaliation

- In a recent U.S. Supreme Court decision, the Court addressed how harmful an adverse action by an employer must be to render the employer liable for retaliation against an employee.

Negligence

- A federal appeals court has ruled that a man who was beaten by a security officer may pursue his lawsuit against the officer’s employer.

Numbers

- 52 The number of teams that DHS plans to have by year-end to find and deport illegal immigrants who have not appeared for their court hearing or for their ordered removal.

Harassment

- The California Supreme Court has ruled that vulgar language used in the workplace is sometimes acceptable, if the talk was part of the process of developing an adult-themed television show.
 




Beyond Print

SM Online

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