Pocket Guide to Workplace Rights of Public Employees (5th ed., 2017)

In concise and understandable language, this guide explains the many rights afforded public employees in California — state, local government, school, public safety, court employees, and in-home service workers — and in the federal workforce. It provides an overview of their rights under the United States and California constitutions and by various statutes, and explains how to enforce them.

Part 1 covers public employees’ personal rights, such as free speech, equal protection, due process, privacy, and protections against wrongful termination or discipline, improper layoffs, and discrimination. Statutory rights provided by the Family and Medical Leave Act, the California Family Rights Act, the federal and state whistleblower protection acts, Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act and California’s Fair Employment and Housing Act are explained.

Part 2 focuses on the rights of employees who work where there is a union, such as the right to be represented by an employee organization and the duties of the organization owed to the employee. The various public sector employment relations statutes governing California public employees are discussed.

This new edition updates readers in the developing case law, and in the statutory and regulatory changes in each area.

Table of Contents

1. Preface (Page 1)
2. Part I: Individual Rights (Page 3)
   1. Introduction (Page 3)
   2. Wrongful Termination or Discipline (Page 5)
   3. Due Process (Page 23)
   4. Employment Discrimination and Harassment (Page 34)
   5. Privacy and Drug Testing (Page 53)
   6. Personnel Files (Page 63)
   7. Public Safety Officers Bill of Rights Act (Page 75)
   8. First Amendment (Page 84)
   9. Whistleblower Protection (Page 97)
   10. Disability Rights (Page 105)
   11. Family and Medical Care Leave (Page 115)
   12. Layoffs and Reductions in Force (Page 127)
3. Part II: Employee Representation Rights (Page 137)
   1. Introduction (Page 137)
   2. Protected Activities (Page 144)
   3. Right to Union Representation (Page 158)
   4. Self-Representation (Page 164)
   5. Duty of Fair Representation (Page 170)
   6. Organizational Security Arrangements (Page 181)
4. Table of Cases (Page 195)
5. Index of Terms (Page 212)