INFORMATION

Site Map - Legal Issues

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.

Malicious Prosecution

- The Texas Supreme Court has ruled that a grocery store cannot be held liable for malicious prosecution of a patron because the employees who accused the patron of theft were acting honestly.

False Arrests

- An appeals court rules that an airline employee subjected to a mock arrest as a workplace prank may not sue the airline.

See You in Court

- Managers must be well versed in the many ways that discrimination cases can arise to avoid exposing the company to legal claims.
 




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