Site Map - Legal Report

04/30/2010 - A federal appeals court has ruled that a hotel employee may pursue her sexual discrimination suit against her manager. The court ruled that the manager could have discriminated against a female employee when he fired her because she lacked the feminine “Midwestern girl look” he deemed necessary to serve as a front desk employee. The court noted that discrimination is present when gender plays a part in an adverse employment action. (Lewis v. Heartland Inns of America, U.S. Court of Appeals for the Eighth Circuit, No. 08-3860, 2010)

04/30/2010 - Reversing a lower court’s decision, a federal appeals court has ruled that a police department cannot be held liable after a deputy sexually assaulted a woman he had arrested. The woman sued the police department and the sheriff for failing to properly train the deputy. The appellate court ruled that such training is unnecessary because the prohibited actions are so obviously wrong. The court also noted that it was illogical to assume that by failing to tell the deputy that sexual assault was wrong, the sheriff would cause the deputy to engage in that behavior. (Parrish v Ball, U.S. Court of Appeals for the Eighth Circuit, No. 08-3517, 2010)

04/30/2010 - A new Indiana law (formerly H.B. 1065) signed by Governor Mitch Daniels makes it illegal for a company to prohibit employees from keeping firearms locked in their cars on company property. The bill would also apply to contract employees. Exemptions are provided for schools, penal institutions, childcare facilities, and domestic violence shelters. Companies that violate the law could face liability in a civil court. However, the bill stipulates that, if employers comply with the law, they cannot be held liable for injuries or damage resulting from the policy.  

04/30/2010 - New Hampshire legislators have defeated a bill (H.B. 1409) that would make it illegal for government agencies or private businesses in the state to issue cards, other than employee IDs, containing biometrics. The bill would prohibit the use of fingerprint recognition, facial recognition, handwriting, voice data, keystroke analysis, hand geometry, and iris and retinal scans. The bill would also make it illegal for state government or businesses to request biometric data from employees, patrons, or contractors. (For fuller coverage of the bill's defeat, read "Biometrics Defeated by New Hampshire Legislature.")

04/30/2010 - A bill (S. 2940), introduced by Sen. Frank Lautenberg (D-NJ), would increase the use of security cameras at airports. Under the bill, airports would be required to install security cameras at all screening locations and all points where passengers exit sterile areas of the airport. The government would establish requirements for the use, maintenance, and testing of the cameras. Transportation Security Administration (TSA) employees would have access to the cameras and the data or recordings they generate.

04/30/2010 - A bill (S. 1755) that would require the Department of Homeland Security to study the use of amateur radio operations during emergencies has been approved by the Senate and is now pending in the House Energy and Commerce Committee.

04/30/2010 - A bill (H.R. 3360) that would enhance security aboard cruise ships has been approved by the House of Representatives. The Senate has announced that it will consider the measure.

04/27/2010 - An employee is awarded $1.5 million in a retaliation suit, and parents sue their son's school after learning that officials spied on him via Webcam. Also, legislation on cruise ship safety, airport security, biometrics, and firearms. 

03/31/2010 - A new bill (S.B. 25) pending in the Indiana General Assembly would make it illegal for a company to prohibit employees from keeping firearms locked in their cars on company property. The bill would also apply to contract employees. Exemptions are provided for schools, penal institutions, and domestic violence shelters.

03/31/2010 - A new Georgia law (formerly S.B. 82) regulates the secondary sale of metals such as copper and provides penalties for the theft of such metals. Under the new law, anyone purchasing the materials must obtain a photocopy of the seller’s driver’s license. If the metal being purchased is part of a motor vehicle, the seller must provide the title or a certificate from the state designating that the car can be sold as scrap. Under the new law, selling stolen metal valued at more than $500 is punishable by a fine of up to $5,000 and up to five years in prison.

03/31/2010 - A bill (H.R. 2221) that would set out requirements for data security has been approved by the House of Representatives. It has been referred to the Senate Commerce, Science, and Transportation Committee.

03/31/2010 - A bill (H.R. 2868) intended to increase security at chemical facilities has been approved by the House of Representatives. It has been referred to the Senate Homeland Security and Governmental Affairs Committee.

03/31/2010 - A bill (S. 1649) that would seek to prevent terrorist attacks in part by strengthening security at laboratories that handle dangerous pathogens has been approved by the Senate Homeland Security and Governmental Affairs Committee. The measure must now be considered by the full Senate.