Public Personnel Administration and Constitutional Values

Front Cover
Greenwood Publishing Group, 1992 - Business & Economics - 167 pages


Several Supreme Court battles during the Warren-Burger era finally brought public sector employees under constitutional protection, setting forth a new legal framework for personnel management. This new framework requires administrators to manage personnel foremost in compliance with the established constitutional principles without necessarily sacrificing efficiency. Public Personnel Administration and Constitutional Values is a sketch of this new framework in which constitutionalism and judicial accountability become defining characteristics.

In the text the author provides, for the first time, a comprehensive review of case law principles in non-technical terms that are central to today's personnel management and decision-making: First Amendment freedoms, procedural due process, equal protection of the laws with respect to anti-discrimination, affirmative action, and compensation, and governmental and official liability. The author concludes that although excessive legalism may undoubtedly cause administrative timidity, a constitutionally competent administrator should be able to overcome this timidity; more important, a democratic administration grounded in constitutional values promises the best of all possible alternatives. This book is an invaluable addition to education and training for the students of public administration, as well as public administration practitioners at all levels in the United States. It also provides an important insight for the scholars of public administration in other parts of the world.

 

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Contents

2 Property Rights Liberty and Due Process Protection
15
3 Free Speech and Organizational Politics
27
4 Equal Employment Opportunity and Public Policy
51
5 Affirmative Action and the Constitution
71
6 Pay Equity and a Battle of the Sexes
99
7 Immunities and Liability in Public Management
123
8 Implications for Management and Research
143
Title VII of the Civil Rights Act of 1964
151
Selected Bibliography
157
Index
161
Copyright

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Page 157 - ... bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise 2000e-3.
Page 157 - ... or joint labor-management committee controlling apprenticeship or other training or retraining programs to admit or employ any individual in any such program, on the basis of his religion, sex, or national origin...
Page 157 - [i]t shall be an unlawful employment practice for an employer ... to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.
Page 157 - It shall be an unlawful employment practice for any employer, labor organization, or joint labor-management committee controlling apprenticeship or other training or retraining, including on-the-job training programs to discriminate against any individual because of his race, color, religion, sex, or national origin in admission to, or employment in, any program established to provide apprenticeship or other training.

About the author (1992)

YONG S. LEE is an Associate Professor of Political Science at Iowa State University. He is a widely published author of articles in such journals as Public Administration Review, Review of Public Personnel Administration, Journal of Human Resources Administration, and Journal of Management Science and Policy Analysis.

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