Privacy Issues in the Community College Workplace

employee’s off-duty conduct creates a conflict of interest or where an employee’s illegal off-duty conduct undermines an employee’s or agency department’s credibility with the public.

For example, an employer does not have a legitimate interest in knowing about a police officer applicant’s prior sexual associations, sexual practices, and miscarriage. The employer would have to show that its inquiry was justified by a legitimate compelling interest of the department, that the inquiry was narrowly tailored to meet those legitimate interests, and that the department’s use of the information was proper and in furtherance of the legitimate compelling interest.

Anderson v. State Personnel Board A police department was justified in terminating a highway patrol officer for intentionally appearing nude in sight of neighborhood women and children on numerous occasions over a period of time. The officer lost his credibility with allied law enforcement agencies and his peers, and brought embarrassment to the department. 497 Fleisher v. City of Signal Hill A police department also lawfully terminated an officer who had engaged in sexual conduct with a minor explorer scout while they were both explorer scouts in the department. The department had an interest in ensuring that minor girls who join the explorer program did not become the victims of statutory rape as a result of their participation in the program. The department also had an interest in protecting injury to its reputation and the morale of the department. 498 Fugate v. Pheonix Civil Service Board A police department was justified in terminating vice officers for having sexual relations with prostitutes. The department demonstrated that the off-duty conduct created conflicts of interest and a possibility of blackmail. Further, it undermined the department’s internal morale and community reputation. 499 A police officer’s continuing association with a convicted felon in violation of department rules has also satisfied the grounds for lawful termination. In Bailey v. City of National City , the officer had been warned to cease his contacts with a close friend, to no avail. The court supported the termination decisions on the basis that associating with a felon could bring disrepute upon an officer by tempting him not to impartially perform his duties, or by conveying the impression that law enforcement might not be even-handed. The officer’s disregard of departmental rules and direct orders was also a factor considered by the court, as they were viewed as undermining the command structure’s reliance on obedience to rules and directives. 500 Employers should keep in mind that courts recognize a significant difference between job-relatedness of off-duty conduct in the case of law enforcement employees and non-safety employees.

Privacy Issues in the Community College Workplace ©2019 (c) Liebert Cassidy Whitmore 157