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Kanovitz: Manual site for Constitutional Law, 13th Edition
Chapter 10: Constitutional and Civil Rights in the Government Workplace
Multiple Choice
1. Police officers are entitled to First Amendment protections in which of the following
situations:
a. they criticize the actions of the police department to the media while wearing the
uniform
b. they report to their supervisors that they believe that members of their taskforce are
tipping off suspects
c. they contact outside agencies to report problems in the workplace
d. they circulate questionnaires without authorization to see if a grievance committee
should be formed
2. The following Supreme Court ruling set the standard for First Amendment protection
for public employees:
a. Nixon v. City of Houston
b. Garcetti v. Ceballos
c. City of San Diego, California v. Roe
d. O’Connor v. Ortega
3. Police officers can be compelled to answer questions pertaining to criminal activity
without resulting in a violation of the Fifth Amendment, as decided in:
a. Garrity v. New Jersey
b. Kelley v. Johnson
c. Ricci v. DeStefano
d. Johnson v. Cannon
4. Challenges to minimum height and weight restrictions for police departments have
survived in court, due to:
a. Fourteenth Amendment considerations
b. Title VII of the Civil Rights Act of 1964 (Equal Employment Opportunities)
c. Hatch Act
d. none of the above
5. The justification for heightened regulation for police departments is that they are:
a. paramilitary organizations
b. civil service bureaucracies
c. both a & b
d. none of the above
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6. Police departments can be held liable for sexual harassment in which of the following
situations:
a. when the harasser is a supervisor and no tangible employment harm results
b. when the harasser is a coworker but the supervisor is unaware of the situation
c. when the harasser is a supervisor and tangible employment harm results
d. all of the above
7. When an officer cannot be fired without cause, that officer is said to have:
a. quid pro quo
b. a right under Title VII of the Civil Rights Act of 1964 (Equal Employment
Opportunities)
c. a property right in his or her job
d. none of the above
8. The following are legitimate discrimination claims, except for:
a. affirmative action
b. harassment
c. disparate treatment
d. disparate impact
9. In Griggs v. Duke Power Company, the Supreme Court recognized:
a. disparate treatment discrimination
b. qualified immunity
c. property rights to a job
d. disparate impact discrimination
10. “Under color of state law” refers to:
a. quid pro quo
b. regulations police officers submit to as officers of the law
c. an appearance or pretense of authority used to deprive individuals of constitutional
rights
d. discrimination found unconstitutional under Ricci v. DeStefano
11. Title 42 U.S.C. §1983 is a widely used federal statute that:
a. imposes civil liability
b. imposes criminal liability
c. provides a due process remedy
d. addresses equal protection
12. Detective Jones sent a memorandum to his supervisor stating that he believed that a
detective on his drug investigation task force had tipped the target of the investigation
off about an impending drug bust. Jones was subsequently demoted and transferred.
He filed suit claiming his First Amendment rights were violated. The most likely
outcome is that:
a. his claim will fail because the memorandum was written pursuant to his official
duties.
b. his claim will fail because the police officers have no First Amendment protection
got speech that occurs while on duty.
c. his claim will fail because the subject Jones addressed was of no interest to
individuals outside the department.
d. his claim will succeed because his interest in disclosing serious misconduct by a
fellow officer outweighed the department’s interest in suppressing the speech to
avoid a disturbance in the workplace.
True/ False
13. Police officers have the same First Amendment protections as ordinary citizens.
a. True
b. False
14. Challenges to police department regulations establishing maximum weight
restrictions have been unsuccessful in court.
a. True
b. False
15. The police department’s need for diversity cannot be met by taking a job from a white
male and giving it to a woman or a member of a minority group.
a. True
b. False
16. Police officers cannot be required to reside in the jurisdictions in which they work.
a. True
b. False
17. Police officers can be held civilly liable when a wrong is undertaken for personal gain
if the officer is on duty and wearing a uniform but not purporting to be acting as a
police officer when the wrong is committed.
a. True
b. False
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