9 - Personnel Issues and Liability

Abstract

During the past several years, it has become more common for police and correctional officers to become plaintiffs. Supervisors must be familiar with many aspects of personnel legal issues. Contemporary managers can be sued under Title VII of the Civil Rights Act of 1964 for claims of sexual harassment and discrimination based on race, gender, color, religion, and national origin. Claims of sexual harassment against supervisors and co-workers have been emerging with more frequency than other areas, and the U. S. Supreme Court has issued three decisions regarding this topic since 1998. The Americans with Disabilities Act provides another avenue of potential supervisor liability that affects hiring and firing aspects of the job. The Fair Labor Standards Act (FLSA) has been examined by the U. S. Supreme Court on two occasions and stipulates the requirements for proper wages, overtime, and compensatory time. Employee drug testing also emerged as a significant legal area in the early 1980s and requires employers to adhere to essential provisions of the FLSA when performing such searches. These issues and others are continuing to evolve. Criminal justice managers should keep abreast of these changes in the law and implement the necessary policy and administrative systems that follow the mandatory requirements. Training for mid-level and first-line supervisors as well as line-level employees is essential to producing a healthy work environment. Further, adhering to the laws and agency policy on these subjects assists in communicating to all employees and the community that management will not tolerate infringement of protected employee rights in the workplace.