Site Map - Legal Report

04/23/2011 - Lawmakers in Washington are considering a bill (H.B. 1928) that would make it illegal for companies to subject employees to an “abusive work environment,” defined as a workplace where abuse is so severe as to cause physical or psychological harm to an employee. The bill provide a defense for employers. It states that a company must prove that it took reasonable care to correct the abusive conduct and that the employee failed to take advantage of the corrective measures offered by the company. Companies also have a defense if the bullying allegation is based on a legitimate, negative employment decision, such as a demotion or termination, or if the allegation is in response to a company’s investigation of potentially illegal or unethical activity.

04/23/2011 - A new bill (S.B. 53) introduced in Kansas would expand state discrimination laws to prohibit discrimination by employers based on sexual orientation. Currently, employees are only protected from discrimination based on race, religion, gender, and disability.

04/23/2011 - A bill (H.R. 685) introduced by Rep. Sheila Jackson Lee (D-TX) would make it illegal to record or distribute images obtained from security screening technology used in an airport or government building. Exceptions would be made for images being used in a criminal investigation or prosecution.

04/23/2011 - A bill (H.R. 323) introduced by Rep. John Conyers (D-MI) would require that the government keep statistics on all administrative, civil, and criminal judicial proceedings against companies and company officials that involve fines of $1,000 or more. The government would make information on improper conduct by companies with revenues of more than $1 billion available to the public via a Web site.

04/23/2011 - A House of Representatives subcommittee recently held a hearing to discuss the government’s Chemical Facility Anti-terrorism Standards (CFATS) program. Under CFATS, chemical facilities work with the Department of Homeland Security (DHS) to develop a security program based on a facility’s risk level. The program, which was established in 2007, will expire at the end of this year. Lawmakers asked witnesses to give their opinions of the program and to address whether it should be made permanent.

04/23/2011 - A company's media policy is overbroad, and a police officer is not liable for a recordkeeping error, according to the courts. Lawmakers consider chemical facility security, corporate crime, and airport screening.

04/23/2011 - An ASIS council holds a meeting on public-private partnerships, the CSO Roundtable hosts its Latin American Summit, two lucky Security Management readers win an iPad, and Anthony N. Byers, CPP, is profiled.  

03/30/2011 - A bill (S.B. 15) introduced in Michigan would prohibit certain convicted felons from being employed by the state. Under the bill, the state could not hire anyone who had been convicted of a felony involving dishonesty, deceit, fraud, or a breach of public trust in the previous 20 years to any position in which the employee would set policy or have discretionary authority over public assets.

03/30/2011 - A new bill (A.B. 13) introduced in the California Assembly would expand prohibitions against sex offenders working in state schools. Under existing law, public schools may not employ anyone convicted of a sex crime or controlled substance offense unless the conviction is reversed or the charges are dismissed. The new bill would clarify that these provisions also apply to charter schools. The bill would also prohibit anyone who has been convicted of a sex crime, controlled substance offense, or violent crime from working as a volunteer in schools.

03/30/2011 - A new law (P.L. 112-3) signed into law by President Obama reauthorizes portions of the Patriot Act that are set to expire in this year. A provision granting the government the right to conduct roving electronic surveillance and a provision that designates that a “lone wolf” terrorist is considered an agent of a foreign government were both set to expire at the end of February. The new law only extends the measures through May 2011, though several bills were introduced to extend the measures for longer periods of time.

03/30/2011 - A bill (H.R. 321) introduced by Rep. Steve Cohen (D-TN) would make it illegal for employers to use the credit history of an applicant or employee in employment decisions. The prohibition stands even if the applicant or employee gives authorization for the use of credit information.

03/30/2011 - A decision by a federal appeals court clarifies that a private employer may consider an applicant’s bankruptcy filings in hiring decisions. The plaintiff, who was not hired for a job because he had filed for bankruptcy seven years earlier, sued his prospective employers, claiming they had violated a federal law that prohibits the government from making hiring decisions based on bankruptcy status. The court noted that the private sector is not bound by the law.

03/30/2011 - The U.S. Supreme Court has ruled that a background screening program used by a government agency does not violate employee privacy rights. In the case, 28 employees of the California Institute of Technology, under contract to do work for the National Aeronautics and Space Administration (NASA), claim that the government’s screening policy is too intrusive. The policy was implemented in 2004 under a government homeland security directive.