1. The Twelve Most Important Public Employment Law Developments Ever Bob Joyce PANC Asheville October 5, 2015

9. No. 1 1929

10. Workers’ compensation

11. No. 1 1929 GS 115C-337 “The provisions of the Workers’ Compensation Act shall be applicable to all school employees.”

12. No. 2 1959

13. Ban on collective bargaining by public employers

14. No. 2 1959 A collective bargaining agreement between a unit of government and an employees’ union is against the public policy of the state

15. No. 2 1959 A collective bargaining agreement between a unit of government and an employees’ union is against the public policy of the state illegal

16. No. 2 1959 A collective bargaining agreement between a unit of government and an employees’ union is against the public policy of the state illegal unlawful

17. No. 2 1959 A collective bargaining agreement between a unit of government and an employees’ union is against the public policy of the state illegal unlawful void

18. No. 2 1959 A collective bargaining agreement between a unit of government and an employees’ union is against the public policy of the state illegal unlawful void of no effect

19. No. 2 1959 A collective bargaining agreement between a unit of government and an employees’ union is against the public policy of the state illegal unlawful void of no effect yucky

21. No. 2 1959 Public Safety Employer-Employee Cooperation Act of 2010 almost became a reality

22. No. 3 1964

23. Title VII of the Civil Rights Act

24. No. 3 1964 Title VII of the Civil Rights Act race

25. No. 3 1964 Title VII of the Civil Rights Act race sex

26. No. 3 1964 Title VII of the Civil Rights Act race sex religion

27. No. 3 1964 Title VII of the Civil Rights Act race sex religion national origin

28. No. 3 1964 Title VII of the Civil Rights Act race sex religion national origin color

29. No. 3—special development 1

30. No. 3 – special development 1 1971 Griggs v. Duke Power Company

32. No. 3—special development 1 1971 Griggs v. Duke Power Company “adverse impact” = unintentional discrimination

33. No. 3—special development 1 1971 Griggs v. Duke Power Company “adverse impact” = unintentional discrimination 2014 use of criminal history information

34. No. 3—special development 2

35. 1973 McDonnell Douglas Corp. v. Green

37. No. 3—special development 2 1973 McDonnell Douglas Corp. v. Green Indirect proof of intent to discriminate

38. No. 3—special development 2 1973 McDonnell Douglas Corp. v. Green Indirect proof of intent to discriminate Protected class

39. No. 3—special development 2 1973 McDonnell Douglas Corp. v. Green Indirect proof of intent to discriminate Protected class Applied

40. No. 3—special development 2 1973 McDonnell Douglas Corp. v. Green Indirect proof of intent to discriminate Protected class Applied Was qualified

41. No. 3—special development 2 1973 McDonnell Douglas Corp. v. Green Indirect proof of intent to discriminate Protected class Applied Was qualified Rejected

42. No. 3—special development 2 1973 McDonnell Douglas Corp. v. Green Indirect proof of intent to discriminate Protected class Applied Was qualified Rejected Articulation of reason/Pretext

43. No. 3—special development 3

44. Sexual harassment

45. No. 3—special development 3 Sexual harassment 1986 and 1998 Employer strictly liable for supervisor-imposed tangible detriment Employer affirmative defense for other kinds of harassment

46. No. 4 1967

47. Age Discrimination in Employment Act

49. No. 5 1968

50. 1968 Pickering v. Board of Education

52. No. 5 1968 1892 “The petitioner may have a constitutional right to talk politics, but he has no constitutional right to be a policeman.”

53. No. 5 1968 1968 Pickering v. Board of Education “[T]he threat of dismissal from public employment is... a potent means of inhibiting speech.”

54. No. 5—special development 1

55. 1983 Connick v. Myers Speech on matters of personal concern not protected

56. No. 5—special development 2

57. 2006 Garcetti v. Ceballos Speech related to job duties not protected

58. No. 5—special development 2 2006 Garcetti v. Ceballos Speech related to job duties not protected “When a citizen enters government service, the citizen by necessity must accept certain limitations on his or her freedom.”

59. No. 6 1972

60. Board of Regents v. Roth

61. No. 6 1972 Board of Regents v. Roth a governmental employee’s job can be her property

62. No. 6 1972 Board of Regents v. Roth a governmental employee’s job can be her property if she has “a legitimate claim of entitlement”

63. No. 6—special development 1

64. Creation of “legitimate claim of entitlement”

65. No. 6—special development 1 Creation of “legitimate claim of entitlement” Career status for teachers—tenure 1971, but 2013 “Just cause” protection under the SPA 1975 Community colleges—one year contracts Cities and counties by personnel ordinance 1992

66. No. 6—special development 2

67. What process is due?

68. No. 6—special development 2 What process is due? “impartial decision maker” Loudermill 1985 prior knowledge/bad apple Crump 1990

69. No. 7 1975

70. Personnel records privacy statutes

71. No. 7 1975 Personnel records privacy statutes General rule: public records law

72. No. 7 1975 Personnel records privacy statutes General rule: public records law Exception: personnel records confidentiality

73. No. 7 1975 Personnel records privacy statutes General rule: public records law Exception: personnel records confidentiality Exception exception: some things open

74. No. 7 1975 Personnel records privacy statutes Confidentiality of all info on applicants 1992

75. No. 7 1975 Personnel records privacy statutes Confidentiality of all info on applicants 1992 Expansion of public information 2010

76. No. 7 1975 Public schools statutes more complicated than the others

77. No. 8 1985

78. Public policy wrongful discharge tort

80. No. 9 1986

81. Fair Labor Standards Act

82. No. 9 1986 Fair Labor Standards Act exempt administrative executive professional non-exempt entitled to premium overtime compensation

83. No. 10 1987

84. Workplace privacy 4 th Amendment prohibits unreasonable searches

85. No. 10 1987 Workplace privacy O’Connor v. Ortega 1987

86. No. 10 1987 Workplace privacy Where there is a legitimate expectation of privacy, the search may not be reasonable

87. No. 10 1987 Workplace privacy Where there is a legitimate expectation of privacy, there may be protection “Public employees’ expectations of privacy in their offices, desks, and file cabinets... may be reduced by virtue of actual office practices and procedures, or legitimate regulation.”

88. No. 10—special development 1

89. Workplace privacy--computers

90. No. 10—special development 1 Workplace privacy--computers “[T]he principles applicable to a government employer’s search of an employee’s physical office space apply with at least the same force when the employer intrudes on the employee’s privacy in the electronic sphere.”

92. No. 10—special development 1 Workplace privacy—computers “[T]he searches of Simons’ computer did not violate his Fourth Amendment rights because, in light of the Internet policy, Simons lacked a legitimate expectation of privacy in the files downloaded from the Internet.”

93. No. 10—special development 2

94. Workplace privacy—drug testing

95. No. 10—special development 2 Workplace privacy—drug testing Reasonable suspicion

96. No. 10—special development 2 Workplace privacy—drug testing Reasonable suspicion Safety-sensitive positions

97. No. 11 1990

98. The Americans With Disabilities Act

99. No. 11 1990 The Americans With Disabilities Act Ban on medical inquiries

100. No. 11 1990 The Americans With Disabilities Act Ban on medical inquiries Obligation of reasonable accommodation

101. No. 11 1990 The Americans With Disabilities Act Ban on medical inquiries Obligation of reasonable accommodation ADAAA and expansion of concept of “disability”

102. No. 12 1993

103. The Family and Medical Leave Act

104. No. 12 1993 The Family and Medical Leave Act 12 weeks away from the job

105. No. 12 1993 The Family and Medical Leave Act 12 weeks away from the job Job waiting when you get back

106. Workers’ compensation Ban on collective bargaining Title VII ADEA Free speech protections Property interest/due process Personnel records privacy Wrongful discharge tort FLSA Workplace privacy ADA FMLA