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| Public Employee Discharge and Discipline, Third Edition by Isidore Silver, Esq. List Price: $695.00   Eligible for Free Standard Shipping on U.S. Prepaid Orders Imprint: Aspen Publishers ISBN: 9780735521179 Hardcover: 1,730 pages Publication Cycle: Supplemented annually Last Updated: 7/26/2012 Automatic Supplementation More Info. | Available: Item ships in 3-5 Business Days |
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Managing public employment cases in today's volatile, fast changing legal
arena is no easy task. Just keeping up with the complex developments in
constitutional, labor, civil service, administrative, and common law can be a
full-time job.
Aspen Publishers' Public Employee Discharge and Discipline is
the definitive work on every aspect of public employment law. This invaluable
two-volume resource is the only one of its kind to deal with all public
employment disciplinary and discharge issues for federal, state and municipal
employees.
The Third Edition offers thorough analysis and in-depth
discussion of such essential topics as:
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First Amendment and whistleblowing
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Public sector collective bargaining and arbitration
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Due process in discipline and discharge
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Administrative and judicial review
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Title VII, ADA, FMLA, and other discrimination laws
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Sexual harassment under 1983, Title IX, and Title VII
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Drug testing
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Invasion of privacy
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Applicability of common law tort and contract principles of wrongful discharge
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Summaries of federal and state cases
Also, with Public Employee Discharge and Discipline, you will
also get a BONUS CD-ROM containing over 30 easy-access,
customizable forms as well as current surveys of state and federal cases!
Public Employee Discharge and Discipline has been updated with
the latest developments, including:
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Latest developments in the movement to limit or abrogate public employment
collective bargaining
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Gross v. FBL Financial Services, a Supreme Court decision requiring an
employee to prove that age discrimination was "the sole" and "but for" cause
of discharge under the ADEA, 29 U.S.C. § 623(a)
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Adoption of Gross "Sole Motive" Standard by Seventh Circuit in Fairley v.
Andrews and Serwatka v. Rockwell
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Analysis of Thompson v. N.A. Stainless L.P., a 2011 unanimous Supreme Court
decision that retaliation against a fiancée for an employee's Title VII claim
was actionable
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Discussion of Staub v. Proctor, another 2011 unanimous Supreme Court decision
that a supervisor's bias may be "a motivating factor" for, and a proximate
cause of, a discriminatory discharge, if it played some role in contributing
to it, whether or not a non-biased decisionmaker conducted an independent
investigation
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Evidentiary issues in discrimination litigation, including Sprint/United
Management Co. v. Mendelsohn, a Supreme Court holding that "me too" evidence
of age discrimination - comments against other employees by other supervisors
- may be admissible if relevant to the culture of the employer and Reid v.
Google, Inc., a California Supreme Court decision that non-decisionmaker
co-workers' "stray remarks" were relevant to an age discrimination claim
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Discussion of 14 Penn Plaza LLC v. Pyett, a Supreme Court decision that a CBA
providing arbitration as the sole remedy for ADEA claims and noting that
Gilmer "fully applies in the collective bargaining context"
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City of Ontario v. Quon, wherein the Supreme Court upheld monitoring of
employer issued text-messaging devices to determine whether costs to the
police department were being unduly inflated by personal calls as a
"reasonable" search under the Fourth Amendment
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In re Golinski, a Ninth Circuit decision that denial of health benefits to
married homosexual federal employee under the Health Benefits Act, 5 U.S.C. §
8903(1) because of a purported ban under the Defense of Marriage Act, 1 U.S.C.
§ 7, was impermissible under principles of statutory interpretation and other
decisions that DOMA violated Equal Protection
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Continuing application of Garcetti v. Ceballos to First Amendment retaliation
claims including Evans-Marshall v. Board of Education, a Sixth Circuit ruling
that Garcetti applied to choice of curriculum since a school board had "hired"
speech and was entitled to determine the curriculum. "A Teacher's Curricular
and Pedagogical Choices are Categorically Unprotected, whether under Connick
or Garcettti"
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Blount v. Stroud, an Illinois retaliatory discharge decision upholding
extensive punitive damages under state law where fraud, actual malice,
willfulness, and/or wanton disregard of rights were found. The $2.8 million
award was permissible because there were threats of physical violence against
a vulnerable employee amidst similar conduct toward other employees and this
was reprehensible under federal standards.
View the Highlights for this title.
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Overview
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Collective Bargaining and Abritration
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Cause for Disciplinary Action
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Nexus
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Disciplinary Penalties
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Remedies
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State Administrative Review
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Federal Agency Actions and MSPB Review
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Judicial Review
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Disability Discrimination
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State and Local Employees’ Constitutional Rights
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Right of Privacy
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Alcohol, Drug, Aids, and Other Testing
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Constitutional Rights During Investigation
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Public Employee First Amendment Rights
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Freedom of Political Belief, Association, And Affiliation
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Procedural Due Process: Property
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Procedural Due Process: Liberty
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Preclusion and Absention
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Wrongful Discharge: Tort
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Wrongful Discharge: Breach of Contract
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Common-Law Torts Associated With Employment and Discharge
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Sexual Harassment
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Table of Cases
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Index

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