An overview or law officials rights; this powerpoint also discuss the problems with sexual harassment against bothe men and women. Tell me what you think/feel about my presentation. Any feed back is good.

1. Deion Williams
Justice Administration
RIGHTS OF CRIMINAL
JUSTICE EMPLOYESS

2. 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).

3.  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

4. 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

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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

11. 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.

12. Workplace Harassment

13. 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

14. 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.

15. 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;

16. 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.

17. 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.