Personal Staff Exemption From the Civil Rights Act of 1964: May Some Criminal Justice Personnel Be Dismissed at Will?

• NCJ Number: 119640
• Journal: Criminal Law Bulletin Volume: 25 Issue: 4 Dated: (July-August 1989) Pages: 340-361
• Author(s): V Kappeler; R V del Carmen
• Date Published: 1989
• Length: 21 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

Title VII of the Civil Rights Act of 1964 prohibits certain employer practices and affords employees protection from discrimination based on race, color, sex, religion, or national origin. The protections of Title VII are generally broad and extensive; its provisions against discriminatory practices extend to most employment situations and employers.

Abstract

This article focuses on one category of exception to the protections of Title VII -- that of "elected public officials" and their "personal staff." The legislative history of this exemption is examined and Federal case law analyzed. Cases indicate that many criminal justice personnel fall into the unprotected category. Positions such as probation officer, deputy sheriff, assistant district attorney, and court clerk are not covered by the law. Although case law appears to be firmly established, the authors maintain that judicial decisions on this issue are of dubious value when examined in light of the statute's intent. Differing judicial approaches to statutory interpretation have led to consequences that Congress sought to avoid under the 1972 amendment, leaving criminal justice personnel unprotected. 90 references. (Publisher abstract)