Criminal Justice Employees affected by:
Hiring
Training
Discipline
Discharge
Use of technology
Operational decisions, etc.
Legal ConsiderationsFAIR LABOR STANDARDS ACT Minimum Pay and Overtime provisions | |
TITLE VII of Civil Rights Act of 1964 and Amendments |
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Fair employment practices- hiring, discharge, discipline, working conditions and provision of benefits; | |
Hostile
Work Environment: sexual ,racial, or religious harassment |
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EQUAL
PAY ACT: Sex based discrimination in wages and benefits |
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AGE DISCRIMINATION IN EMPLOYMENT ACT Unequal treatment of applicants/employees based on their age (hiring, firing, receipt of benefits, etc.) | |
AMERICANS WITH DISABILITIES ACT (Rehabilitation Act) | |
42 U.S.C. 1983 Civil Rights Violations (most often used against CJ agencies) |
Often challenged:
physical requirements
AGE:
Mandatory retirement plans for police and
firefighters.
PROPERTY RIGHTS in Employment:
Issues:
Probationary
employment/period
DISCIPLINE AND DISCHARGE |
Polygraph
Domestic Violence
Sexual
misconduct-Generally
involving
adultery and homosexuality -rule not clear (brings
criticism and disrepute on agency)
ALCOHOL AND DRUGS:
Problem with alcoholism and drug use
Need for treatment and counseling
Rules prohibiting use under certain circumstances
constitutional
Important Concepts, Key Terms, and Information
Federal and state statutes provide the legal basis for the operation of criminal justice agencies. | |
Federal civil and criminal court cases have impacted the hiring, training, supervision, and termination of state/local criminal justice employees | |
An entry level or promotional test is considered to be discriminatory if protected classes (minorities) have a failure rate that is 20% or higher than that of non-minorities | |
Discriminatory results require the agency involved to show that the skills/abilities tested for represent a Bona Fide Occupational Qualification, i.e. is essential to doing the job. | |
The biggest impact of the American with Disabilities Act in police hiring has involved the vision requirement for applicants. | |
The A.D.A. requires agencies to make a "reasonable accommodation" if an applicant with a qualifying disability applies. | |
Termination from an agency without "cause" is legal if the person terminated has not established a property right to the position. Political appointees are one example. | |
Property rights are implied after completing an official probationary period or with the existence of a contract outlining the process for terminating employees. | |
Sexual conduct of C.J. employees most often leading to disciplinary action involves adultery or homosexual acts. | |
Behavior which brings the agency into disrepute can result in termination, though the definition of such behavior is not clear. | |
It is legal to drug test applicants for C.J. positions and also to drug test sworn officers on a random basis, for cause, after accidents/shootings/use of force, or based on their assignment. |