Deck 3: Rights of Criminal Justice Employees

Question 1

Generally,police administrators have the constitutional authority to regulate employees' off-duty associational activities in the instance of:

A) a general consensus of dislike of the officer by other officers.
B) sexual conduct that involves a supervisory/subordinate relationship.
C) involvement with associations that adversely impact employees' ability to do their jobs.
D) associations that impair the effectiveness and efficiency of the organization.
E) None of the above

Answer 1

A

Question 2

This major piece of legislation is the instrument by which an employee may sue an employer for civil rights violations based on the deprivation of constitutional rights.

A) Title 47, U.S. Code Section 1331
B) Title 18, U.S. Code Section 1221
C) Title 42, U.S. Code Section 1983
D) Title 32, U.S. Code Section 1982
E) None of the above

Answer 2

C

Question 3

Legislation known as the Peace Officers' Bill of Rights mandates due process rights for peace officers who are the subject of internal investigations that could lead to disciplinary action.Provided that the officer has complied with the investigation,the following must be afforded to the accused officer:

A) written notice of the nature of the investigation.
B) the officer may have an attorney or a representative of his/her choice.
C) a mandatory polygraph paid for by the employing department.
D) Both A and B
E) None of the above

Answer 3

D

Question 4

Controversy surrounding the drug-testing issue has been based on the following:

A) whether testing should be permitted when there is no indication of a drug problem in the workplace.
B) whether testing methods are reliable.
C) whether a positive test proves on-the-job impairment.
D) All the above

Question 5

The U.S.Supreme Court has set forth four elements of a due process claim under Section 1983 that include all except:

A) A person acting under color of state law.
B) A U.S. citizen must be deprived.
C) A constitutionally protected property right must exist.
D) Deprived of the right without due process of law.
E) All the above are elements.

Question 6

In the use of testing to determine suitability for employment,the critical question for such tests is whether the test is:

A) valid.
B) geared for younger candidates.
C) geared for more experienced candidates.
D) designed to eliminate candidates with lower IQs.

Question 7

The provisions of the Family and Medical Leave Act (FMLA)entitle eligible employees to take up to ____________ weeks of unpaid,job-protected leave in a ________-month period.

A) 12; 12
B) 12; 24
C) 14; 12
D) 13; 12
E) None of the above

Question 8

In certain situations,a rationale for discriminating on the basis of a business necessity is referred to as:

A) Pro bono hiring (PBH).
B) Bona fide qualified employee (BFQE).
C) Bona fide occupational qualifier (BFOQ).
D) Per se qualifiers (PSQ).

Question 9

All forms of workplace harassment that are violations of Title VII of the Civil Rights Act of 1964 and other federal laws include unwelcomed verbal and/or physical conduct based on all of the following,except:

A) race.
B) color.
C) national origin.
D) chosen domicile.
E) None of the above

Question 10

Those employees who are categorized as policymaking employees typically possess a(n)_____________ exception to the contemporary property interest view.

A) conditional
B) beneficial
C) automatic
D) perpetual
E) None of the above

Question 11

According to the textbook,police firearms regulations tend to address basic issues which include all of the following except:

A) limitations on when the weapon may be fired.
B) guidelines for carrying the weapon while off-duty.
C) requirements for the safeguarding of the weapon.
D) limitations based on the gender of the officer carrying the weapon.

Question 12

The Fair Labor Standards Act (FLSA)was enacted in 1938 to establish minimum wages and to require overtime compensation:

A) in the public sector.
B) in the private sector.
C) in special circumstances related to war.
D) Both A and B
E) None of the above

Question 13

According to the FLSA,overtime must also be paid to personnel for all work in excess of _______in a 7-day cycle or 171 hours in a 28-day period.

A) 42 hours
B) 45 hours
C) 50 hours
D) 52 hours
E) None of the above

Question 14

The FLSA's overtime provisions apply to all the following persons employed in a police agency except:

A) a rookie patrol officer.
B) a corporal who is a K-9 officer.
C) an entry-level record clerk.
D) a communications officer with six months on the job.
E) a newly promoted sergeant.

Question 15

Which of the following entities is exempted from the coverage of the Occupational Safety and Health Act (OSHA),in 29 U.S.C.652?

A) Federal
B) State
C) County
D) City
E) All of the above

Question 16

Disparate treatment in pay and benefits can be litigated under:

A) Title VII.
B) the Equal Pay Act.
C) the equal protection clause.
D) All of the above
E) None of the above

Question 17

Law and litigation affecting criminal justice employees can arise out of:

A) The U.S. Constitution
B) State constitutions
C) Statutes
D) Administrative regulations
E) All of the above

Question 18

Hostile work environment,as defined in Title VII actions,which occurs when unwelcome comments or conduct based on sex,race,or other legally protected characteristics unreasonably interferes with an employee's work performance or creates an offensive work environment,includes which of the following?

A) Making offensive remarks about looks, clothing, and/or body parts
B) Sending or telling suggestive communications of a lewd or sexual nature
C) A customary handshake commonly used as a greeting
D) All of the above
E) Both A and B

Question 19

The U.S.Supreme Court's ruling in _____________________ served to bring local police employees under the coverage of the FLSA.

A) Bakke v. Regents
B) Gardner v. Broderick
C) Cooper v. Pate
D) Garcia v. San Antonio Transit Authority
E) None of the above

Question 20

The U.S.Supreme Court's guidance on the question of whether an employee possesses a constitutionally protected property interest in their benefit of employment includes all of the following except:

A) An employee must have a unilateral expectation of it.
B) A legitimate claim of entitlement to it must exist.
C) Benefit of employment upon which employee relies
D) Deprived of the right without due process of law

Question 21

Workplace harassment is defined as unwelcome verbal or physical conduct (whether or not of a sexual nature)that creates a hostile work environment. A change in an employment status or benefits is not actionable under Title VII.

Question 22

The U.S.Supreme Court has provided some general guidance on the question of a constitutionally protected property interest in that the employee must have a legitimate claim of entitlement to it.

Question 23

The critical questions surrounding the use of testing to determine employment suitability are whether it is valid,used for discriminatory purposes or has an unequal impact on protected groups.

Question 24

Courts in the United States have consistently held that a probationary civil service employee has the same property interest as any other employee and cannot be discharged without a hearing.

Question 25

Law and litigation affecting criminal justice employees never arises from state constitutions; they only arise from federal statutes,administrative regulations,and judicial interpretations and rulings.

Question 26

The Family and Medical Leave Act (FMLA)applies to all public agencies,including state,local,and federal employers; local schools; and private sector employers with _____ or more employees in ______ or more work weeks and who are engaged in commerce.

A) 70; 20
B) 65; 30
C) 50; 20
D) 80; 25
E) None of the above

Question 27

To be eligible for Family and Medical Leave Act (FMLA)benefits,an employee must work for a covered employer.

Question 28

The Family and Medical Leave Act (FMLA)applies to all public agencies,including state,local,local schools,and private sector employers with 75 or more employees.

Question 29

The Federal Bureau of Investigation is exempt from the Americans with Disabilities Act (ADA)requirements as are other certain agencies in the federal government.

Question 30

The Pregnancy Discrimination Act only requires that an employer not treat pregnancy differently from any other temporary medical condition.

Question 31

There are no entities in the public sector that are exempted from the coverage of the Occupational Safety and Health Act (OSHA)in 29 U.S.C.652.

Question 32

All forms of harassment covered by Title VII of the Civil Rights Act of 1964 and other federal laws are not considered a form of discrimination and are not actionable as such.

Question 33

Americans with Disabilities Act (ADA)of 1990 applies to all of the following agencies,except:

A) the ATF
B) state government agencies.
C) local government agencies.
D) the FBI
E) Both A and D.

Question 34

A person has a disability under the Americans with Disabilities Act if he or she has any degree of impairment that may affect a life activity,no matter how slight.

Question 35

The FLSA's overtime provisions apply to all persons employed in a police department in a bona fide executive,administrative,or professional capacity.

Question 36

Title VII of the Civil Rights Act of 1964 and its amendments (42 U.S.C.2000e)establishes a federal policy requiring fair employment practices in the private sector only.

Question 37

A federal law establishing minimum wages and requiring overtime compensation in the private and public sector is Title VII of the Civil Rights Act of 1964.

Question 38

A business justification for a hiring policy can never be justified when it would result in a disparate impact.

Question 39

___________ of the Americans with Disabilities Act (ADA)makes it illegal to discriminate against persons with disabilities.

A) Title II
B) Title I
C) Title IV
D) Title VII
E) None of the above

Question 40

The _________ _________ _________ Act provides minimum salary and overtime provisions covering both public and private sector employees.

Question 41

The Family Medical Leave Act (FMLA)applies to all public agencies,including state,local,and federal employers; local schools; and private sector employers with ___ or more employees in ___ or more workweeks and who are engaged in commerce.

Question 42

A ___________ ___________ __________occurs when unwelcome comments or conduct based on sex,race,or other legally protected characteristics unreasonably interferes with an employee's work performance or creates an offensive work environment.

Question 43

Any employee wishing to initiate an Equal Employment (EEO)complaint arising out of the prohibited conduct described earlier must contact an EEO official within _____ days of the incident.

Question 44

Discuss what is meant by a bona fide occupational qualifier (BFOQ)in the process of recruiting and hiring.Give an example of a bona fide occupational qualifier and the reasons it is permissible.

Question 45

The U.S.Supreme Court's ruling in the Von Raab case essentially validated the U.S.Customs Service's implementation of a drug-screening program that required urinalysis for certain employees.What do you believe would have been the effect on the federal workplace if the Court had ruled in favor of the Treasury Employees Union and their assertion that a "suspicionless search" situation had been created?

Question 46

To treat people differently because of their age,gender,sex,or other protected status is ____________ treatment.It is also illegal to deny equal employment opportunities to such persons; that is ____________impact.

Question 47

Legislation mandating due process rights for peace officers who are the subject of internal investigations that could lead to disciplinary action is known as the ______ _______ _______ __________.

Question 48

In the development of property interests in employment,it has also been established that a(n)_______________ employee has little or no property interest in employment.

Question 49

List and explain the three basic rights associated with the Peace Officers Bill of Rights (POBR).

Question 50

The Family Medical Leave Act (FMLA)entitles eligible employees to take up to___ weeks of unpaid,job-protected leave in a____-month period for specified family and medical reasons.

Question 51

A person has a disability under the Americans with Disabilities Act if he or she has a mental or physical impairment that substantially limits a _______________,such as walking,talking,breathing,sitting,standing,or learning.

Question 52

A rationale for discriminating on the basis of a business necessity is referred to as a ____ ____ ________ ________.

Question 53

Certain _____________ agencies are exempt from the Americans with Disabilities Act requirements.

Question 54

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.The FMLA entitles eligible employees to take up to 12 weeks of unpaid leave.Should this leave be paid? Why or why not? Explain your answer to include the impact on the public and private sectors.

Question 55

List and describe the four elements of a due process claim set forth by the U.S.Supreme Court under Title 42 U.S.C.Section 1983.

Question 56

Regarding duties owed by public employers to their employees in providing a safe workplace,governments on all levels are exempted from the coverage of the ___________________________in 29 U.S.C.652.

Question 57

According to rulings made by the U.S.Supreme Court regarding constitutionally protected property,a person clearly must have more than an abstract need or desire for it.A ___________ claim of entitlement to it must exist.

Question 58

In 1985,the U.S.Supreme Court reversed itself in the case of ________________bringing local police employees under the coverage of the FLSA.

Question 59

Title _________ of the _________ _________ Act establishes a federal policy requiring fair employment practices in both the public and private sectors.