A Reasonable Public Servant : Constitutional Foundations of Administrative Conduct in the United States.
By: Lee, Lily Xiao Hong.
Contributor(s): Rosenbloom, David H.Material type: TextSeries: eBooks on Demand.Publisher: Florence : Taylor and Francis, 2015Copyright date: ©2006Description: 1 online resource (320 pages).Content type: text Media type: computer Carrier type: online resourceISBN: 9781317477952.Subject(s): Administrative responsibility -- United States | Civil service -- United States | Constitutional law -- United States | United States -- Officials and employees -- Legal status, laws, etcGenre/Form: Electronic books.Additional physical formats: Print version:: A Reasonable Public Servant: Constitutional Foundations of Administrative Conduct in the United StatesDDC classification: 342.73 Online resources: Click here to view this ebook.
|Item type||Current location||Call number||URL||Status||Date due||Barcode|
|Electronic Book||UT Tyler Online Online||KF5340 -- .L44 2015 (Browse shelf)||http://ebookcentral.proquest.com/lib/uttyler/detail.action?docID=1968689||Available||EBC1968689|
Cover -- Half Title -- Title Page -- Copyright Page -- Dedication -- Brief Table of Contents -- Table of Contents -- Foreword -- Preface and Acknowledgments -- Part I. Constitutional Foundations of Public Service -- 1. The Constitution and a Reasonable Public Servant -- Contractarianism -- Incursion on Constitutional Rights -- The Least Restrictive Alternative and Narrow Tailoring -- Overbreadth -- Underinclusiveness -- Chilling Effect -- Vagueness -- Constitutional Law as a Work in Progress -- Conclusion: Integrating Constitutional Law into Job Performance -- 2. Personal Responsibility -- Legal Complications with Personal Liability -- Harlow v. Fitzgerald: A Framework for Qualified Immunity -- The Institution of Summary Judgment -- The Standard of a Reasonable Public Servant -- Rationale for Objectively Reasonable Conduct -- Contours of Clearly Established Rights -- Qualified Immunity as a Balancing Act -- Data from Federal Courts -- Nature of Complaints -- Results of Summary Judgment on Qualified Immunity -- Interlocutory Appeals -- Discussion and Conclusion -- 3. Official Responsibility -- Ambiguity of the Civil Rights Act of 1871 -- The Case of Monroe v. Pape -- Monell v. New York City Department of Social Services: From Absolute Immunity to Qualified Liability -- Distinction between Official and Personal Capacity Conduct -- Respondeat Superior Theory -- Causation and Moving Force Theory -- Deliberate Indifference to the Rights of Individual Citizens -- Deliberate Indifference to Plainly Obvious Risks -- Damages Liability -- Conclusion: Moral Responsibility of the Public Official -- Part II. Constitutional Rights of the Public Servant -- 4. Property Rights, Liberty, and Procedural Due Process -- The Plight of lo-Anne Coleman -- Property Interests in Employment -- The Doctrine of Privilege -- Recognition of Property Interest in Employment.
Sources of Expectation -- Liberty Interests in Employment -- Procedural Due Process -- Coleman v. Reed -- Conclusion: Justice as Fundamental Fairness -- 5. Freedom of Critical Speech -- Motivations for Critical Speech -- The Public Reason of Pickering v. Board of Education -- An Evolving Framework for Balancing Analysis -- Elucidation of the Public Concern Doctrine -- Power of Government as Employer -- Constitutional Relief -- Conclusion: Unintended Benefits of Critical Speech -- 6. Right to Privacy -- Evolution of the Right to Privacy -- Right to Be Let Alone -- Zones of Privacy -- Privacy of Personal Information -- Limits to Informational Privacy -- The Privacy of Information in Public Management -- Expectation of Privacy in the Workplace -- Standards of Search with Suspicion of Misconduct -- Standards of Search without Individualized Suspicion -- Fraternal Order of Police Lodge 5 v. Philadelphia -- Conclusion -- 7. Equal Protection and Affirmative Action -- DeFunis v. Odegaard: An Early Look at the Equal Protection-Affirmative Action Conundrum -- Equal Protection Analysis -- The Top Tier: Strict Scrutiny -- Grutter, Gratz, and Contemporary Affirmative Action -- Diversity in Public Sector Workforces -- The Lowest Tier: Ordinary Scrutiny and the Rational Basis Test -- The Middle Tier: Intermediate Scrutiny -- Classifications and Fundamental Rights -- Conclusion: Classifications, Stereotypes, Irrebuttable Presumptions, and the Reasonable Public Servant -- Part III. Civil Rights of a Public Servant -- 8. Discrimination in Employment -- Bazemore v. Friday -- Equal Employment Opportunity -- Unlawful Discrimination -- The Disparate Impact Approach -- The Disparate Treatment Approach -- Modifying the Disparate Impact Approach -- Modifying the Disparate Treatment Approach -- The Final Burden of Persuasion -- The Pretext Theory -- Employer Liability.
Summary and Concluding Observation -- 9. Sexual Harassment and Employer Liability -- Sexual Harassment as Civil Rights Issue -- Forms of Sexual Harassment -- Agency Theory and Employer Liability -- Employer Liability in Quid Pro Quo Sexual Harassment -- Employer Liability in Hostile Environment Sexual Harassment -- Problems of Quid Pro Quo and Hostile Environment Categories -- Hostile Environment Constructive Discharge -- Hostile Environment Sexual Harassment by Coworkers -- Sexual Harassment and Public Policy -- 10. Americans with Disabilities -- The Structure of the Americans with Disabilities Act of 1990 -- A Profile of Workplace Disabilities -- Attributes of a "Disabled" Person -- Disability in Reference to a Mitigated State -- Disability in Reference to a Broad Class of Work -- Disability by Reference to Major Life Activities -- Record of a Disability -- Regarded as Disabled -- Meaning of a Qualified Person with a Disability -- Ability to Perform Essential Job Functions -- Ability to Meet Qualification Standards -- Presenting No Threat to the Health and Safety of Others and Self -- Preemployment Inquiries -- Reasonable Accommodation -- Relief and Damages Liability -- Conclusion: Pushing the Frontiers of Human Rights -- Part IV. Conclusion -- 11. The World of a Reasonable Public Servant -- The Relationship of the Public Servant to the Constitution -- The Power and Responsibility of a Reasonable Public Servant -- Implications of Bounded Constitutional Rights for Public Servants -- Public Management, Unsung Heroes, and Constitutional Values -- Appendix I: The Constitution of the United States of America -- Appendix II: The Bill of Rights and Additional Amendments -- Appendix III: Title VII of the Civil Rights Act of 1964, as Amended -- Glossary -- Index -- About the Authors.
An essential text for PA courses on Human Resource Management as well as Public Management and Law, this book illuminates the role of the reasonable public servant, who strives to perform authorized functions efficiently, yet in a manner that aligns with constitutional values embodied in the Bill of Rights. "A Reasonable Public Servant" provides a comprehensive review of Supreme Court opinions in explaining the reasonable conduct of a public servant and the development of clearly established constitutional and statutory rights that a reasonable public servant is expected to observe: property rights; procedural due process; freedom of critical speech; privacy; equal protection; and anti-discrimination laws. The author relies on the Court's opinions as the exemplar of public reason, and pays close attention to the manner in which the Court balances among competing value priorities - for example, the rights of a public servant as an employee as well as an individual citizen, and the efficiency needs of the government as an employer as well as a sovereign state. This book's detailed appendices include the U.S. Constitution, the Bill of Rights, and Title VII of the Civil Rights Act of 1964.
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