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Legal Report Resources December 2016

​Wrongful termination. A former employee who kept a firearm locked in his car—in violation of company policy—can sue for wrongful termination, a federal cou​rt ruled in a decision that reversed a lower court’s ruling. 

Disabilities. The U.S. Department of Justice’s final rule implementing amendments made to the Americans with Disabilities Act (ADA) went into effect on October 11. The final rule implements protections Congress authorized in 2008 designed to clarify the definition of a disability and how it should be interpreted so covered individuals can establish that they have a disability.

Marijuana. Termination was not the only appropriate disciplinary action for a public employee caught smoking marijuana during working hours, the Supreme Court of Connecticut ruled. ​

Terrorism. The U.S. Congress overturned President Barack Obama’s veto, allowing legislation to become law that lets terrorism victims and their families sue foreign states and officials for their role in an act of terrorism. The Justice Against Sponsors of Terrorism Act authorizes U.S. courts to hear cases involving claims against a foreign state for injuries, death, or damages that occur inside the United States as a result of a tort—including an act of terrorism—committed anywhere by a foreign state or official.

Retaliation. Guardsmark will pay $115,000 and other relief to settle a retaliation discrimination suit brought by the U.S. Equal Employment Opportunity Commission. 

Expungement. Rehabilitated individuals cannot have their criminal records expunged by federal judges, even when it prevents them from getting jobs, a federal appeals court ruled. The ruling overturned a lower court ruling that expunged the record of a Jane Doe who spent years struggling to hold down jobs due to a previous criminal conviction for her role in an automobile insurance fraud scheme.

Discrimination. A Muslim woman filed suit against the city of Chicago and six police officers who wrongfully identified her as a potential “lone wolf” terrorist as she left a subway station wearing a headscarf and carrying a bookbag. Itemid Al Matar claims that police officers violated her civil rights by arresting her, removing her religious garb, and strip-searching her at a police station to look for evidence of explosives.