In a positive ruling for employers, the U.S. Court of Appeals for the Sixth Circuit has upheld a company’s right to terminate an employee for taking a gun out of his vehicle, in violation of the company’s “no guns on company property” policy. In so ruling, the appeals court found that the company did not violate Kentucky’s “parking lot gun law,” which protects the right of an employee to store a firearm in a vehicle on company property.
The Sixth Circuit in Holly v. UPS Supply Chain Solutions, No. 16-5337 (Mar. 2, 2017), gave a narrow reading to the Kentucky law, concluding that UPS SCS lawfully terminated the employee because he removed the gun from his vehicle while on company property, even though the removal was only for a short period of time to store it in a colleague’s nearby car. Kentucky is one of 22 states that have adopted so-called “parking lot gun laws.”
The Holly ruling confirms that employers can still maintain gun control policies in states with parking lot gun laws as long as the policies strictly adhere to the applicable statutory language. Before implementing any policy that regulates the possession of firearms on company property, however, employers should consult with counsel to verify that such policies comply with applicable state law.
A copy of the Sixth Circuit’s ruling in Holly is available here.
Members of the Equal Employment Advisory Council (EEAC) can read more here.