Issues and Practices

Criminal Justice Employees affected by:

• Federal & state constitutions

Statutes

Administrative regulations

Judicial interpretations and rulings

EFFECT:

Hiring

Training

Discipline

Discharge

Use of technology

Operational decisions, etc.

	FAIR LABOR STANDARDS ACT Minimum Pay and Overtime provisions
	TITLE VII of Civil Rights Act of 1964 and Amendments
	Fair employment practices- hiring, discharge, discipline, working conditions and provision of benefits;
	Hostile Work Environment: sexual ,racial, or religious harassment
	EQUAL PAY ACT: Sex based discrimination in wages and benefits
	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)

RECRUITMENT AND HIRING:

• Issue of testing validity

• Disparate impact on protected groups

Equal Opportunity Law:

Prohibits selection procedures that have discriminatory
impact on employment opportunities according to
gender, race, or other protected classes.

Often challenged:

physical requirements

physical agility tests

IMPORTANT:
VALIDATION PROCESS FOR REQUIREMENTS

AGE:
Mandatory retirement plans for police and firefighters.

(ADEA not applied to federal agencies)

PROPERTY RIGHTS in Employment:

Requirement for DUE PROCESS

Issues:
Probationary employment/period

Policy making position

Personnel Policy

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

Compelling interest in drug testing

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.