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CHAPTER 14 NOTES

Affirmative action- Probably no single employment practice has caused as much controversy as affirmative action. The very words bring to mind visions of quotas and of unqualified people being given preferential hiring treatment.However, the reality of affirmative action is substantially different from the myth; as a general rule, affirmative action plans give preferred treatment only to affected groups when all other criteria (e.g., education, skills) are equal. Americans with Disabilities Act (ADA)- Much has been written and many monographs and primers are available concerning the Americans with Disabilities Act (ADA), which was signed into law in 1990. Therefore, we only briefly cover the law here; however, those in an administrative capacity are strongly urged to become familiar with the literature in order to avoid conflicts with ADA mandates. The law is applicable to background checks; psychological and medical exams; and agility, drug, and polygraph tests. Bona fide occupational qualification (BFOQ)- Sheriffs had refused to hire the women, justifying their decision by contending that being male was a bona fide occupational qualification (BFOQ) for the positions and that because the positions were within the “personal staff” of the sheriff, they were exempt from the coverage of Title VII. The Fourth Circuit court overturned a lower court decision, finding that the sheriff had not established that gender was a BFOQ for the positions and that the positions were not part of the sheriff’s personal staff (the positions were not high level, policymaking, or advisory in nature). Thus, the refusal to hire the women violated Title VII. Fair Labor Standards Act (FLSA)- The Fair Labor Standards Act (FLSA) has had a major impact on criminal justice agencies. One observer referred to the FLSA as the criminal justice administrator’s “worst nightmare come true.”35 This law was enacted in 1938 to establish minimum wages and to require overtime compensation in the private sector. Family and Medical Leave Act (FMLA)- The Family and Medical Leave Act (FMLA), enacted by Public Law 103-3, became effective in August 1993 and is administered and enforced by the U.S. Department of Labor’s Wage and Hour Division. FMLA applies to all public agencies, including state, local, and federal employers; local schools; and private-sector employers with 50 or more employees in 20 or more workweeks and who are engaged in commerce. FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specified family and medical reasons. To be eligible for FMLA benefits, an employee must: • Work for a covered employer

• Have worked for a covered employer for at least 12 months (and have worked at least 1,250 hours during that time)
A covered employer must grant an eligible employee unpaid leave for one or more of the following reasons: • For the birth and care of a newborn child of the employee • For placement with the employee of a child for adoption or child care • To care for an immediate family member with a serious health condition • To take medical leave when the employee is unable to work because of a serious health condition

A serious health condition means an illness, injury, impairment, or physical or mental condition that involves either any period of incapacitation or treatment or continuing treatment by a health care provider; this can include any period of inability to work, attend school, or perform regular daily activities. Peace Officers’ Bill of Rights (POBR)- In the past decade, police officers have insisted on greater procedural safeguards to protect themselves against what they perceive as arbitrary infringement on their rights. These demands have been reflected in statutes enacted in many states, generally known as the Peace Officers’ Bill of Rights (POBR). This legislation mandates due process rights for peace officers who are the subject of internal...
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