Front cover image for A reasonable public servant : constitutional foundations of administrative conduct in the United States

A reasonable public servant : constitutional foundations of administrative conduct in the United States

Print Book, English, 2006
Sharpe, Armonk, N.Y., 2006
XIX, 299 Seiten : Illustrationen
9780765616449, 0765616440
644255712
Forewordxiii
Rosemary O'Leary
Preface and Acknowledgmentsxv
PART I. CONSTITUTIONAL FOUNDATIONS OF PUBLIC SERVICE
1(58)
The Constitution and a Reasonable Public Servant
3(15)
Contractarianism
4(5)
Incursion on Constitutional Rights
9(3)
The Least Restrictive Alternative and Narrow Tailoring
9(1)
Overbreadth
10(1)
Underinclusiveness
10(1)
Chilling Effect
11(1)
Vagueness
11(1)
Constitutional Law as a Work in Progress
12(3)
Conclusion: Integrating Constitutional Law into Job Performance
15(3)
Personal Responsibility
18(24)
Legal Complications with Personal Liability
19(2)
Harlow v. Fitzgerald: A Framework for Qualified Immunity
21(7)
The Institution of Summary Judgment
22(1)
The Standard of a Reasonable Public Servant
23(2)
Rationale for Objectively Reasonable Conduct
25(1)
Contours of Clearly Established Rights
26(2)
Qualified Immunity as a Balancing Act
28(1)
Data from Federal Courts
28(6)
Nature of Complaints
29(3)
Results of Summary Judgment on Qualified Immunity
32(2)
Interlocutory Appeals
34(2)
Discussion and Conclusion
36(6)
Official Responsibility
42(17)
Ambiguity of the Civil Rights Act of 1871
44(1)
The Case of Monroe v. Pape
45(1)
Monell v. New York City Department of Social Services: From Absolute Immunity to Qualified Liability
46(8)
Distinction between Official and Personal Capacity Conduct
47(1)
Respondeat Superior Theory
48(1)
Causation and Moving Force Theory
49(2)
Deliberate Indifference to the Rights of Individual Citizens
51(1)
Deliberate Indifference to Plainly Obvious Risks
52(2)
Damages Liability
54(1)
Conclusion: Moral Responsibility of the Public Official
54(5)
PART II. CONSTITUTIONAL RIGHTS OF THE PUBLIC SERVANT
59(94)
Property Rights, Liberty, and Procedural Due Process
61(24)
The Plight of Jo-Anne Coleman
61(2)
Property Interests in Employment
63(8)
The Doctrine of Privilege
63(2)
Recognition of Property Interest in Employment
65(3)
Sources of Expectation
68(3)
Liberty Interests in Employment
71(3)
Procedural Due Process
74(4)
Coleman v. Reed
78(3)
Conclusion: Justice as Fundamental Fairness
81(4)
Freedom of Critical Speech
85(26)
Motivations for Critical Speech
86(2)
The Public Reason of Pickering v. Board of Education
88(6)
An Evolving Framework for Balancing Analysis
94(10)
Elucidation of the Public Concern Doctrine
94(6)
Power of Government as Employer
100(3)
Constitutional Relief
103(1)
Conclusion: Unintended Benefits of Critical Speech
104(7)
Right to Privacy
111(21)
Evolution of the Right to Privacy
112(5)
Right to Be Let Alone
113(1)
Zones of Privacy
114(1)
Privacy of Personal Information
115(1)
Limits to Informational Privacy
116(1)
The Privacy of Information in Public Management
117(11)
Expectation of Privacy in the Workplace
118(1)
Standards of Search with Suspicion of Misconduct
119(1)
Standards of Search without Individualized Suspicion
120(6)
Fraternal Order of Police Lodge 5 v. Philadelphia
126(2)
Conclusion
128(4)
Equal Protection and Affirmative Action
132(21)
DeFunis v. Odegaard: An Early Look at the Equal Protection-Affirmative Action Conundrum
132(2)
Equal Protection Analysis
134(2)
The Top Tier: Strict Scrutiny
136(5)
Grutter, Gratz, and Contemporary Affirmative Action
138(2)
Diversity in Public Sector Workforces
140(1)
The Lowest Tier: Ordinary Scrutiny and the Rational Basis Test
141(4)
The Middle Tier: Intermediate Scrutiny
145(2)
Classifications and Fundamental Rights
147(1)
Conclusion: Classifications, Stereotypes, Irrebuttable Presumptions, and the Reasonable Public Servant
147(6)
PART III. CIVIL RIGHTS OF A PUBLIC SERVANT
153(76)
Discrimination in Employment
155(24)
Bazemore v. Friday
156(2)
Equal Employment Opportunity
158(1)
Unlawful Discrimination
159(5)
The Disparate Impact Approach
159(4)
The Disparate Treatment Approach
163(1)
Modifying the Disparate Impact Approach
164(5)
Modifying the Disparate Treatment Approach
169(5)
The Final Burden of Persuasion
169(2)
The Pretext Theory
171(3)
Employer Liability
174(1)
Summary and Concluding Observation
175(4)
Sexual Harassment and Employer Liability
179(22)
Sexual Harassment as a Civil Rights Issue
180(1)
Forms of Sexual Harassment
181(4)
Agency Theory and Employer Liability
185(7)
Employer Liability in Quid Pro Quo Sexual Harassment
187(1)
Employer Liability in Hostile Environment Sexual Harassment
187(2)
Problems of Quid Pro Quo and Hostile Environment Categories
189(3)
Hostile Environment Constructive Discharge
192(2)
Hostile Environment Sexual Harassment by Coworkers
194(2)
Sexual Harassment and Public Policy
196(5)
Americans with Disabilities
201(28)
The Structure of the Americans with Disabilities Act of 1990
203(3)
A Profile of Workplace Disabilities
206(2)
Attributes of a ``Disabled'' Person
208(7)
Disability in Reference to a Mitigated State
209(1)
Disability in Reference to a Broad Class of Work
210(1)
Disability by Reference to Major Life Activities
211(1)
Record of a Disability
212(1)
Regarded as Disabled
213(2)
Meaning of a Qualified Person with a Disability
215(3)
Ability to Perform Essential Job Functions
216(1)
Ability to Meet Qualification Standards
217(1)
Presenting No Threat to the Health and Safety of Others and Self
218(1)
Preemployment Inquiries
218(1)
Reasonable Accommodation
218(2)
Relief and Damages Liability
220(1)
Conclusion: Pushing the Frontiers of Human Rights
220(9)
PART IV. CONCLUSION
229(14)
The World of a Reasonable Public Servant
231(12)
The Relationship of the Public Servant to the Constitution
232(2)
The Power and Responsibility of a Reasonable Public Servant
234(2)
Implications of Bounded Constitutional Rights for Public Servants
236(3)
Public Management, Unsung Heroes, and Constitutional Values
239(4)
Appendix I: The Constitution of the United States of America243(12)
Appendix II: The Bill of Rights and Additional Amendments255(10)
Appendix III: Title VII of the Civil Rights Act of 1964, as Amended265(8)
Glossary273(14)
Index287(12)
About the Authors299