NCJ Number
162352
Journal
Journal of California Law Enforcement Volume: 28 Issue: 3 Dated: (1994) Pages: 59-61
Date Published
1994
Length
3 pages
Annotation
This article offers some considerations for police managers in balancing accountability to the public and city managers while complying with the legal rights of individual officers.
Abstract
The author first discusses police hiring requirements under Title VII of the 1964 Civil Rights Act, which makes employers and their agents liable for "unlawful employment practices." Unfair employment practices include the failure or refusal to hire, to discharge, or to otherwise discriminate against an individual because of race, color, religion, gender, or national origin. It can also include discrimination in employment privileges such as promotions, evaluation, and duty assignments. Special physical requirements may also violate Title VII when no legitimate need or business justification for them exist, and a particular group, such as women, are substantially impacted. Physical performance tests must also be significantly correlated to job elements. The second section of the paper considers a police agency's compliance with the Americans With Disabilities Act. Guidelines are provided for determining whether the accommodation necessary to hire or reinstate would be considered "reasonable." The concluding section focuses on California's Peace Officers Bill of Rights Act, which regulates the investigation, interrogation, and discipline of peace officers in the State. The act applies when management orders punitive action against an officer.