A Reasonable Public Servant: Constitutional Foundations of Administrative Conduct in the United StatesAn essential text for PA courses on Human Resource Management as well as Public Management and Law, this book illuminates the role of the reasonable public servant, who strives to perform authorized functions efficiently, yet in a manner that aligns with constitutional values embodied in the Bill of Rights. "A Reasonable Public Servant" provides a comprehensive review of Supreme Court opinions in explaining the reasonable conduct of a public servant and the development of clearly established constitutional and statutory rights that a reasonable public servant is expected to observe: property rights; procedural due process; freedom of critical speech; privacy; equal protection; and anti-discrimination laws. The author relies on the Court's opinions as the exemplar of public reason, and pays close attention to the manner in which the Court balances among competing value priorities - for example, the rights of a public servant as an employee as well as an individual citizen, and the efficiency needs of the government as an employer as well as a sovereign state. This book's detailed appendices include the U.S. Constitution, the Bill of Rights, and Title VII of the Civil Rights Act of 1964. |
Contents
Personal Responsibility | |
Official Responsibility | |
Property Rights Liberty and Procedural Due Process | |
Freedom of Critical Speech | |
Right to Privacy | |
Equal Protection and Affirmative Action | |
Sexual Harassment and Employer Liability | |
Americans with Disabilities | |
The World of a Reasonable Public Servant | |
The Constitution of the United States of America | |
The Bill of Rights and Additional Amendments | |
Title VII of the Civil Rights Act of 1964 as Amended | |
Glossary | |
Discrimination in Employment | |
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accommodation action affirmative agency alleged Amendment Americans appeal applied argued authority balancing basis Board cause challenge chapter citizens City Civil Rights claim classification clearly complaint concern conduct Congress constitutional constitutional rights damages decision defense demonstrate Department determine disabilities discharge discrimination disparate district court Education effect employer employment enforcement environment equal protection established evidence expectation fact federal freedom governmental held House important individual interest interpretation issue judgment judicial Justice liability liberty limits majority Management matter means municipality objective officials opportunity particular percent perform person personnel plaintiff position practice President principle procedural due process Public Administration public servant question race reasonable reference regard regulation Representatives Review rules Senate sexual harassment speech standard Supreme Court termination theory Title VII tort United University violation York