Photo Credit: Fotolia Top Court Review: Computer Access, Union Taking, Vicarious Liability
In this edition of their Labor Relations column, David E. Schwartz and Kimberly Franko Lower review decisions pertaining to unlawful computer access under the Computer Fraud and Abuse Act of 1986, union access grants amounting to takings and how far vicarious liability for employers extends in New York for claims of discrimination and sexual harassment.
August 13, 2021 at 12:00 PM
7 minute read
The U.S. Supreme Court, during the 2020-2021 term, and the New York Court of Appeals, so far in 2021, issued several decisions with important implications for employers. This month's column reviews decisions pertaining to unlawful computer access under the Computer Fraud and Abuse Act of 1986 (CFAA), union access grants amounting to takings and how far vicarious liability for employers extends in New York for claims of discrimination and sexual harassment.
Computer Access
In Van Buren v. United States, 141 S.Ct. 1648 (2021), the Supreme Court held that under the CFAA it is unlawful for an individual to obtain information from particular areas in a computer (e.g., files, folders, or databases) which the individual is not authorized to access, but it is not unlawful to simply access information for an improper purpose which the individual is otherwise authorized to access.
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