INFORMATION

Site Map - Legal Report

Legal Report

- A government report examines how sexual predators become school employees, and court decisions on the theft of proprietary documents, retaliation, workplace safety, and privacy.

Elsewhere in the Courts: Discovery

- A district court judge has ruled that the jury in a breach-of-contract case be instructed to draw a “negative inference” over the mishandling of electronic discovery. In the case, two former employees are suing SanDisk over ownership of a software program. At trial, SanDisk claimed to have lost the hard drives for the computers used by the two former employees despite being warned to keep all potential evidence.

Elsewhere in the Courts: ADA

- A federal appeals court has ruled that a deaf employee may sue his employer for violation of the Americans with Disabilities Act because the company failed to provide the employee with a sign language interpreter at critical meetings. Instead, a coworker provided written notes of the meetings, which often included only main points and failed to note questions and answers.

State Legislation: Mississippi: Data Security

- A new Mississippi law (formerly H.B. 583) requires that companies notify customers of any data security breach (.pdf) if the company reasonably believes that information has been compromised. The bill includes an exception allowing notification to be delayed if it would impede a criminal investigation or harm national security.

State Legislation: Virginia: Background Checks

- A new law (formerly H.B. 690) in Virginia will require those who work with public transit services undergo a criminal background check. The law applies to employees hired directly by the government as well as those working through an independent contractor.

U.S. Regulatory Issues: Genetic Discrimination

- The Equal Employment Opportunity Commission (EEOC) has issued a final rule implementing the federal Genetic Information Nondiscrimination Act (GINA) of 2008. The law makes it illegal for employers to collect genetic information on employees or to discriminate against employees or prospective employees on the basis of genetic data or family medical history. While many of the law’s provisions apply to health insurance providers, the EEOC rule addresses the use of genetic information in the workplace.

Legal Report

- An appeals court has ruled that the Lilly Ledbetter Fair Pay Act of 2009 applies only to discrimination in compensation, and a school teacher may proceed with a lawsuit against her employer due to a potentially biased investigation, but she may not sue the individuals involved.

State Legislation: Hawaii: Guard Training

- A new law (formerly S.B. 2165) in Hawaii sets out training, testing, and continuing education requirements for security guards and those “acting in a guard capacity.” Before starting work as a security guard, individuals must complete eight hours of classroom instruction, pass a written exam, and undergo four hours of on-the-job training. All guards must also undergo a federal criminal background check.

State Legislation: Illinois: School Safety

- A new law (previously H.B. 4647) in Illinois requires that the Chicago school system establish a violence-prevention hotline. The hotline will be developed in conjunction with the Chicago Police Department, and each call that comes in to the hotline will be answered by police department staff. Police will be required to record and investigate each call.

Legal Report

- A company's unwritten employment policies pass legal muster and a school district settles a privacy case with students. Also, a government agency examines whether businesses should consider credit history when hiring.

Legal Report

- A review of the legislation approved by the 11th Congress as well as a look at measures that failed to pass this session.

State Legislation: Massachusetts: Background Checks

- A bill (H.B. 275) pending in the Massachusetts General Court would require that employers conduct criminal history checks on employees who work as security staff in bars, clubs, or other establishments that serve alcohol. In the bill “security staff” is defined as bouncers, doormen, floor staff, or other workers performing duties related to the admission of patrons or maintaining safety and order. The background check should focus on “violent criminal history or other incidents that are strictly related to the duties of the position,” according to the bill.

State Legislation: Illinois: Credit Checks

- A new Illinois law (formerly H.B. 4658) makes it illegal for employers in the state to conduct credit checks on applicants for most jobs. Though employers may still conduct background checks, they may not inquire about an applicant’s credit history or obtain a copy of their credit report.
 




Beyond Print

SM Online

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