Showing Posts In "Legal Issues" Category

Medical Marijuana Use Not Protected by ADA: Appeals Court

California cities are not violating the Americans with Disabilities Act when they crack down on marijuana dispensers, said a federal appellate court in a case brought by disabled California residents. The lawsuit in Marla James vs. the City of Costa Mesa was brought by severely disabled plaintiffs who said conventional medications had not alleviated the […]

FTC to Study Data Broker Industry’s Collection and Use of Consumer Data

The Federal Trade Commission (FTC) issued orders requiring nine data brokerage companies to provide the agency with information about how they collect and use data about consumers. The agency will use the information to study privacy practices in the data broker industry and to make recommendations on improved privacy practices. Earlier this year, the FTC […]

Oklahoma Supreme Court is Considering New Rules that Would Eliminate Birth Dates and Other Identifying Information From Court Records

Experts on identity theft and law enforcement officials who investigate the problem agree the real threat to your personal information and your bank account doesn’t come from publicly available records. The Oklahoma Supreme Court is considering new rules that would eliminate birth dates and other identifying information from court records statewide as a response to […]

DOT Reiterates that Marijuana Use by Safety-Sensitive Transportation Employees is Not Authorized, Regardless of Recent Passage of State Recreational Marijuana Use Laws

The U.S. Department of Transportation’s (DOT) Office of Drug and Alcohol Policy Compliance has issued a Notice to address the recent passage of state initiatives purporting to legalize marijuana use for recreational purposes. The DOT requires testing of applicants and employees in safety-sensitive transportation positions for marijuana, cocaine, opiates, amphetamines, and phencyclidine. Applicants must be […]

Sixth Circuit Dismisses Class Action Over Personal Information Release

A federal appeals court has upheld the dismissal of a proposed class action lawsuit over the distribution of personal information from a state’s motor vehicle records. The Kentucky plaintiffs claimed that Ascom Transport System Inc. violated the federal Driver’s Privacy Protection Act (DPPA) and their common law right to privacy when the company obtained in […]

Take Privacy Seriously – Why the Anne Marie Rasmusson Case Matters to Employers

The $1 million-plus settlement in the Anne Marie Rasmusson case is a costly example of why employers need to make certain that their employees do not abuse their access to confidential information. Rasmusson, a former St. Paul police officer, filed a lawsuit against numerous Minnesota cities and police officers in March of 2012 alleging that […]

California Bill SB 1384 Would Authorize Consumers to Place Security Freezes on Consumer Reports

While existing law allows California consumers to place security freezes on their credit files maintained by the three major credit reporting agencies: Equifax, Experian, and TransUnion, new legislation – Senate Bill 1384 (SB 1384) ‘Consumer Reporting Agencies Act’ – would authorize consumers to place similar security freezes on certain other consumer reports containing private financial […]

Federal Court Tosses EEOC Suit Over Background Checks

A federal judge had harsh words for the EEOC while dismissing the agency’s suit against an employer for its policy of conducting background checks. Last year, the EEOC issued guidance to employers about the use of background checks. Multiple suits followed, including two highly publicized cases filed in June, alleging that employers violated Title VII. […]

Employee Background Screening Programs that Fail to Incorporate 2012 EEOC Guidance Under Attack

Recently, the EEOC filed class actions against two well known employers—BMW and Dollar General—on the theory that their employee background screening programs had a disparate impact on African-Americans, in violation of Title VII of the Civil Rights Act. These cases reinforce the need for employers to revisit their background screening policies and decision-making processes. The […]

Criminal Background Checks Remain on the EEOC’s Radar

If you are considering using arrest or conviction records to aid in your hiring decisions, do not do so without a reason connecting the offense to the job, and without the input of employment counsel versed on these issues. The EEOC’s guidance prohibits employers from implementing broad-based blanket exclusions on any individuals with an arrest […]

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