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NCJ Number: 119591 Add to Shopping cart Find in a Library
Title: Legal Protection for Those With Alternate Lifestyles?
Journal: Police Chief  Volume:56  Issue:9  Dated:(September 1989)  Pages:33,36-44
Author(s): G J Franscell
Date Published: 1989
Page Count: 10
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Type: Issue Overview
Language: English
Country: United States of America
Annotation: This analysis of judicial decisions in cases involving the termination or hiring of public employees like police officers, teachers, and military personnel on the basis of their homosexuality or bisexuality concludes that such actions are justified only if a rational connection exists between the job and the discharge or failure to hire.
Abstract: Thus, the termination may not be based on factors unconnected with the responsibility of the employment. In addition, the reasons on which the termination is based must have a rational relationship to the job performance. Moreover, the individual's conduct or lifestyle must be such that it might bring the public service into contempt. Furthermore, an established connection must exist between the conduct and its effect on job fitness. Finally, the removal of the individual must promote the efficiency of the particular service and the decision to terminate must not be arbitrary or capricious. Similarly, employers will have difficulty establishing a basis for not hiring an individual who professes to be or is discovered to be homosexual solely on the status of that person as such. Discussion of specific judicial decisions and 48 footnotes.
Main Term(s): Sexual behavior
Index Term(s): Employee dismissal; Personnel selection
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