Deion WilliamsJustice Administration

RIGHTS OF CRIMINAL JUSTICE EMPLOYESS

Introduction

• As stated by Peak (2013) “Law And litigation affecting criminal justice employees Can a rise out of federal and state constitutions, statutes, administrative regulations, and judicial interpretations and rulings.

• What causes these problems are up in poor hiring and training decisions, disciplinary issues and the response to disciplinary issues within the department, and discharge (firing of an employee without good cause, for example).

Recruitment and Hiring

Disparate Treatment

How Old Is “To Old” in Criminal Justice?

Criminal Justice & Affirmative Action

Property Rights in Employment

Pay and Benefits

Criminal Justice and a Safe Workplace

THE EMPLOYMENT RELATIONSHIP

Important Laws and Regulations to Know

• Fair Labor and Standards Act

• Title VII pooof the Civil Rights Acts of 1964 and it‘s aamendments

• Equal Pay Act• The poopregnancy

Discrimination Act of 1978

• Age Discrimination okI Employment Act

• Americans with Disabilities Act of 11990

• Section 11983

Disparate Treatment

• It is important to recognize that there is nothing in the law that forces an employers to hire or retain incompetent personnel.

• What is it illegal to treat people differently the cost of that age, gender, sex, or other protected status. It’s also illegal to deny equal employment opportunities to such persons.

• The manager or administrator should be well versed in these areas and they should receive departmental training on the issues involved on a regular basis.

How Old is To Old

• Age outIssues- These issues have raised their heads when departments in the past tried to have mandatory retirement ages for officers. The Supreme Court has rejected mandatory requirement plans for municipal firefighters and police officers.

• Today agencies would be hard pressed to turn people away because of their age or refuse such things as promotions based upon someone being too old for the position.

Affirmative Action

• Affirmative action plans give preferred treatment only to affected groups when all other criteria (such as education and skills) are equal.

• One of the primary cases in regard to reverse discrimination is the Bakke v. Regents of the University of California.

• The Supreme Court has stated that a plan must have a remedial purpose to correct past inequities and there must be a benefits and balance or significant disparities to completely for clothes employment opportunities to non-minority or male candidates.

Property Rights

• Property rights – our fourteenth amendment states that “No state shall make or enforce any law with shell a bridge the privileges or immunities of citizens of the U.S.; Push out any state deprive any person of life, liberty, or property without due process of law; No I did not to any person within its jurisdiction the equal protection of the law”.

• In order to have a property right employees must have a legitimate claim of entitlement.

Fair lLabor and Standards Act

• This act regulates minimum wages and requires overtime compensation in the private and public sectors.

• Basically Public Safety employees can accrue a maximum of 240 hours of compensatory or comp time, and the act also provided that an employer must pay time and one half for hours work over 40 per week.

Constitutional Rights of Criminal Justice Employees

• Freedom of Speech and Association

• Searches & Seizures• Self-Incrimination• Religious practices• Sexual Misconduct• Residency requirements

• Moonlighting• Misuse of f2ffirearms• Alcohol and drugs in the

workplace• Sexual harassment• American wewith

Disabilities Act

Rights Of Police Officers

Law enforcement officers shall, if disciplinary action is expected, be notified of the investigation, the nature of the alleged violation, and be notified of the outcome of the investigation and the recommendations made to superiors by the investigators

Law enforcement officers cannot be threatened, harassed or promised rewards to induce the answering of any question

Law enforcement officers cannot be subject to retaliation for the exercise of these or any other rights under Federal, State or local law.

Workplace Harassment

Quid Pro Quo Harassment

A claim of quid pro quo harassment must meet several criteria:

The harassment was based on sex.

The claimant was subjected to unwelcome sexual advances.

A tangible economic benefit of the job was conditional on the claimant’s submission to the unwelcome sexual advances

Hostile Work Environment Harassment

What distinguishes hostile work environment harassment from quid pro quo harassment? There are several differences. Hostile work environment harassment: Does not require an impact on an economic benefit

Can involve coworkers or third parties, not just supervisors.

Is not limited to sexual advances; it can include hostile or offensive behavior based on the person’s sex.

Can occur even when the conduct isnot directed specifically at the claimant but still impacts on his or her ability to perform the job.

Family & Medical Leave Act For the birth of a child and to care for the child after birth, provided the leave is

taken within a 12-month period following birth;

For the employee to care for a child placed with the employee for adoption or foster care, provided the leave is taken within a 12-month period following adoption;

For the employee to care for the employee’s child, spouse, or parent, where that child, spouse, or parent has a serious health condition;

Because the employee has a serious health condition that makes the employee unable to perform the functions of the employee’s position;

Americans With Disabilities Act

• The Americans with Disabilities Act (ADA) was signed into law in 1990.

• Under the law, criminal justice agencies may not discriminate against qualified individuals with disabilities.

• Employers are to provide reasonable accommodations to disabled persons. A reasonable accommodation can include modifying existing facilities to make them accessible, job restructing, part-time or modified work schedules, acquiring or modifying equipment, and changing policies.

References

https://www.ncjrs.gov/pdffiles/harass.pdf

DEFINITIONS, I. FAMILY AND MEDICAL LEAVE ACT. Policy, 4, 12.

Brennan Jr, W. J. (1977). State constitutions and the protection of individual rights. Harvard Law Review, 489-504.