| Foreword | | xiii | |
|
| Preface and Acknowledgments | | xv | |
| PART I. CONSTITUTIONAL FOUNDATIONS OF PUBLIC SERVICE |
| | 1 | (58) |
| The Constitution and a Reasonable Public Servant |
| | 3 | (15) |
| | 4 | (5) |
| Incursion on Constitutional Rights |
| | 9 | (3) |
| The Least Restrictive Alternative and Narrow Tailoring |
| | 9 | (1) |
| | 10 | (1) |
| | 10 | (1) |
| | 11 | (1) |
| | 11 | (1) |
| Constitutional Law as a Work in Progress |
| | 12 | (3) |
| Conclusion: Integrating Constitutional Law into Job Performance |
| | 15 | (3) |
| | 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) |
| | 28 | (6) |
| | 29 | (3) |
| Results of Summary Judgment on Qualified Immunity |
| | 32 | (2) |
| | 34 | (2) |
| Discussion and Conclusion |
| | 36 | (6) |
| | 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) |
| | 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) |
| | 68 | (3) |
| Liberty Interests in Employment |
| | 71 | (3) |
| | 74 | (4) |
| | 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) |
| | 103 | (1) |
| Conclusion: Unintended Benefits of Critical Speech |
| | 104 | (7) |
| | 111 | (21) |
| Evolution of the Right to Privacy |
| | 112 | (5) |
| | 113 | (1) |
| | 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) |
| | 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) |
| | 156 | (2) |
| Equal Employment Opportunity |
| | 158 | (1) |
| | 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) |
| | 171 | (3) |
| | 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) |
| | 212 | (1) |
| | 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) |
| | 218 | (1) |
| | 218 | (2) |
| Relief and Damages Liability |
| | 220 | (1) |
| Conclusion: Pushing the Frontiers of Human Rights |
| | 220 | (9) |
| | 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 America | | 243 | (12) |
| Appendix II: The Bill of Rights and Additional Amendments | | 255 | (10) |
| Appendix III: Title VII of the Civil Rights Act of 1964, as Amended | | 265 | (8) |
| Glossary | | 273 | (14) |
| Index | | 287 | (12) |
| About the Authors | | 299 | |
