Study Questions 1 Constitution? How are public employees viewed differently from private sector employees under the 2. Should public employees be more or less limited in their right to participate in political activity? What responsibility do public agencies have to address sexual harassmene? What would be a reasonable accommodation for an obese employee? A diabetic employee? For someone who identifies as an alcoholic? For a near-sighted employee? 5. What are the differences between an affirmative action plan and a diversity program? If yes, to what degree? 3. 4. Exercises Exercise 3.1 Yow Rule! McMillan v. NMSU Bill McMillan accepted a 1-year appointment as a nontenured track lecturer in the Department of Political Science at Northern Minnesota State University. He worked hard during the semester, preparing and teaching three classes and working on publications. He commented to his departmental colleagues on multiple occasions that he thought the college dean could do a better job at allocating teaching loads. He also observed that faculty salaries were not up to par with those of other state universities. He thought things were going well. However, on January 23, as the spring term began, he received official word that the university would not review his contract for the next academic year. No explanation was given. Disappointed, angry, and having just taught a course on the Constitution and Bill of Rights, Professor McMillan sued the university. He claimed the administration had infringed on his First Amendment right to free speech and his Fourteenth Amendment rights to due process, because he did not receive reasons for the contract nonrenewal and was not afforded an administrative hearing to challenge the action. 1. If you were a judge hearing this case, how would you rule? 2. What rights does an untenured professor have to employment with the state? 3. Is there reason to believe that Professor McMillan's right to free speech was violated? 4. Is the university obligated to provide procedural due process to Professor McMillan? Exercise 3.2 You Rule! U.S. Customs Service v. Agnes Jones After careful study of the validity and reliability of drug testing techniques, the Commissioner of the U.S. Customs Service announced a new drug testing program utilizing urine sampling (UA). Any applicant for, or incumbent of specific positions that meet one or more of the following criteria would be required to submit to UA testing: (1.) the position involves drug interdiction or enforcement, (2.) the employee is required to carry a firearm; or (3.) the employee handles 'classified material