Legal Update: Limits of ADA in State and Federal Govt
Some government employees may be feeling a little more unprotected in the workplace. The first case discussed here involves state and local officials. The second involves feds.
Last month’s update described a case (Okwuv. McKim, No. 11-15369, 9thCir. 6/12/2012) that refused to allow a disability claim against state officials individually under § 1983 where the Americans with Disabilities Act (ADA) does not permit suit against a state agency. The court ruled that the ADA provides exclusive federal remedy for disability discrimination. Watch out if you’re a state or local official in Seventh Circuit territory and someone has an age discrimination charge. The Age Discrimination in Employment Act (ADEA) does not preclude suing state officials under § 1983; so ruled the appellate court in Levin v. Madigan, No. 11-2820, 7thCir. 8/17/2012. Levin is a fired assistant attorney general in Illinois. He alleged sex discrimination (Title VII), age discrimination (ADEA), and violation of constitutional equal protection (§ 1983). He sued the state and five employees individually. The trial court ruled that Levin was a policy making official and so was not covered by Title VII and the ADEA. But the court also ruled that an age discrimination claim could be made under § 1983 and that the individual defendants did not have qualified immunity, i.e., they could not claim they were simply doing their jobs as state officials. (more…)
Police and Fire Chief Selection
The Assessment Services Department would like to bring your attention to a new assessment tool developed in partnership between ICMA and IPMA-HR for the purpose of selecting police and fire chiefs. Read on for more information.
Police and fire chiefs are two of the most visible members of a manager’s executive team. Selecting the right individuals for the job is critical to providing the leadership necessary to make your community a safer and better place to live. Hiring the wrong people can damage staff morale and public trust and negatively impact your government’s agenda and your career. Ensure a successful selection by using an advanced process designed to maximize a positive outcome.
Chief Selection Advantage: A Data-Driven Selection Process
Chief Selection Advantage is a research-based assessment tool that you help your jurisdiction choose the right candidate for your next police or fire chief. This authoritative and data-driven process was designed in partnership by the experts at the International City/County Management Association (ICMA) and the International Public Management Association for Human Resources (IPMA-HR).
We don’t screen resumes. And we don’t make the selection for you. Instead, Chief Selection Advantage empowers managers, HR directors, and city council members with critical information needed to choose the most qualified candidate.
Using the ICMA/IPMA-HR Chief Selection Advantage will help your city or county:
- Recruit your next police or fire chief by proving you with research-based assessment tools and a framework for the selection process
- Identify the characteristics of a successful chief by pre-screening candidates against established core competencies
- Determine whether candidates are capable of handling the unique issues facing your community.
- Incorporate the buy-in of employees, elected officials, and citizens.
- Streamline the selection process, saving you time and resources.
- Allow your HR staff to successfully conduct chief recruitments in-house, giving you greater control over the process and keeping recruitment costs down.
- Gain information to build an effective partnership between you and your new chief.
Don’t make a mistake in hiring your next police or fire chief. Visit ICMA for more information.
Help Needed: Fire Engineer Test Development
We here at IPMA-HR are always working on new products and updates to current ones. Currently we are developing two new products. We are in the Job Analysis phase of development for a Fire Engineer test, otherwise known as fire-truck drivers or ladder operators. We are trying to wrap up the Job Analysis phase of this project by the end of Fall 2012, and would like to put out one last call for participants.
This portion of the study just asks incumbents and supervisors to take an online survey about the job and importance of several Knowledge, Skills, Abilities, and Personal Characteristics.
Click here to see the details of the Fire Engineer Test Development Study.
Click here to participate or email testdevelopment@ipma-hr.org if you have any questions.
IPMA-HR’s ASR Staff and Contributors
To get a better understanding of what makes each ASR staff members tick, we decided to divulge a bit of information about ourselves; our likes and outside-of-work activities as well as a personal outlook on the future of the ASR Blog.
Robert Burd – Series Writer for the ASR
I am now retired after over 30 years of public sector personnel assessment. My career focused on law enforcement selection including developing written, physical agility, and oral exams for police officers while writing promotional exams and assessment centers for police and corrections sergeants, lieutenants, and captains. I’ve conducted numerous national recruitments for department heads and assistant city managers. I have taught classes on item writing, creating assessment centers, and conducting oral exams.
I enjoy writing, I have completed eight screen plays, three television pilots and I am working on my fifth novel. I have come close to selling many of my works, but have not actually inked a deal yet. Personally, I’m a runner, I still lift weights three days a week, and I’m an avid target shooter, both trap and skeet. I’m very happily married and my wife and I are active in our church. (more…)
Help Us Blow Out Our Birthday Candle as the ASR Turns One!
While we enjoy our well-earned birthday muffin, we’re going to take a look back at some of the fantastic content we’ve posted over the first year of the new Assessment Services Review. Join us!
Last October, we launched the updated – and free! – Test Administration Handbook. It’s available to all Test Security Agreement Signers upon request.
A new line of Fire promotional tests called the FCO (Fire Company Officer) series was released in November. Previously, we offered the FL 101-EM and FL 102 for promotions to Fire Lieutenant. The new tests were expanded to include alternate forms and we feel the new title better reflects the diverse range of supervisory positions the test is designed to assess. (more…)
Maximizing the Effectiveness of Your Applicant Screening Process
Third and final part of a three-part series on the topic of Validating Minimum Qualifications.
The two previous articles focused on developing accurate minimum qualifications that were supported by the content validity model. Today, we will introduce the concept of externally imposed minimum qualifications and then touch on the other components of the application screening process that are necessary to ensure it has the desired impact on this critical component of the selection system and, ultimately, the success of the organization.
Quite often in human resources, the focus shifts from developing procedures that are valid and reliable to developing systems that can withstand legal challenges. The paradox is that if systems are valid and reliable they can withstand legal scrutiny and, more importantly, they become effective tools for selecting the best possible work force available.
While we often focus on internally imposed and established minimum qualifications, it is also important to remember that most public entities have a number of minimum qualifications that are imposed on them by entities outside of human resources. Typically, these outside sources come in the form of laws. For example: in order to become a peace officer in the state of Nevada, an individual has to be a citizen of the United States and at least 21 years of age. There is no way to get around these requirements, so it is important to include them in the minimum qualifications. (more…)