Nowadays all aspects of professionals’ work in the criminal justice system are regulated by the legislature. This statement closely relates to management and leadership in both governmental agencies and non-profit organizations. Working relations there are regulated by two most prominent acts of federal legislation which prohibit any segregation on the basis of race, sex, religion, and personal disabilities. These acts are the following: the Civil Rights Act (1964) and the Americans with Disabilities Act (1990). Leaders should take into consideration the principles of equality proclaimed by these laws during performance of their everyday tasks and evaluation of professionals in these sphere. Management of criminal justice professionals should be performed in accordance to the framework that contains concepts of identity of rights and requirements to representatives of various genders, religions, abilities, races, and perceptions. Besides, management should follow the principles of morality and proclamation of supremacy of law, social good, and democracy. Moreover, managers should also pay attention to ethical, moral, social, and political considerations while analyzing problem scenarios and decisions of the personnel. Employees of the criminal justice system should make actions directed on obtaining social good and safeguarding the rights of separate individuals and social groups. Their decisions should be fair, non-malevolent, tolerant, and politically impartial. All these principles and considerations are precisely described in legislature in form of the following laws: Civil Rights Act (1964), Equal Employment Opportunity Act (1971), Vocational Rehabilitation Act (1973), Age Discrimination Act (1974), and Americans with Disabilities Act (1990) (Dresang, 2008). This work aims to show that personnel management relations and leadership in the criminal justice system is regulated by the legislature for the protection of personal rights of professionals who work in this sphere.
Personnel Management in Government Agencies and Non-Profit Organizations
The current work will explain the purposes and structure of two laws which represent the inherent parts of federal legislation that governs the workplace: the Civil Rights Act (1964) and the Americans with Disabilities Act (1990).
Under the Civil Rights Act (1964), segregation on the background of color, race, sex, and religion is banned. Moreover, this act prohibits federal financing of discriminatory programs (A&E Television Networks, 2016). This law stopped immorality in social structures that existed in the American society and was reflected in unequal treatment of men and women as well as representatives of different nations and religions. It consists of eleven parts (titles), which provide equal voting requirements to all people; eliminate denied access to public facilities and public places by representatives of different races, genders, and religions by state and municipal governments; prohibit discriminations in public schools and educational institutions; block segregation in governmental agencies; empower Civil Rights Commissions, etc. This act tried to cover every aspect of social life for enabling equality and protection of rights of previously oppressed individuals.
Another law that needs to be described is the Americans with Disability Act (1990) (ADA National Network, n.d.). This law has the purpose to stop discrimination in the working places based on personal disabilities (ADA National Network, n.d.). Moreover, it requires employers to provide special accommodations, which can be considered as reasonable, i.e. they do not require making additional efforts which are difficult to people with disabilities (ADA National Network, n. d.). This document contains five parts. Title I proclaims similar employment opportunities for individuals with disabilities and people without them. Title II prohibits any discrimination on the basis of personal disability in public entities operated by state and local governments. Moreover, according to Title III, such discrimination is blocked in public facilities. According to Title IV, people with speech and hearing disabilities are enabled to communicate via phone through special nationwide system. Relationships of Americans with Disability Act with the other laws, state immunities, etc. are described in the final part of this document.
The Development of the Merit System
This part of the paper deals with the construction of an analytical framework for decision-making that is necessary for proper evaluation of scenarios, which involve application of laws for support management of criminal justice system. This framework will enable to make judgments concerning efficiency, effectiveness, and appropriateness of made decisions.
The work of managers is closely connected with the work of the personnel in the criminal justice system. Managers should pay attention to the following factors while making decision of employment: personal perception and acting according to the principles of ethics, morality, and equality of representatives of different ages, genders, nationalities, and religions; fitness of character for the performance of the assigned tasks; necessary education, knowledge, and skills; the ability to build trustful and reliable relationships with colleagues (absence of unequal treatment); and support of principle of supremacy, democracy, and social good among others. The character and reputation are closely linked with each other, because the character forms the background of the image and creates certain perception by others (reputation). The requirements to all professionals who work in the criminal justice system should be identical. Additional emphasis should be placed on the fact that employees should be treated according to the level of their responsibilities. Moreover, the discussed framework also refers to the principle of “prohibition against using political party identity as a criterion for appointment to or retention in a position” (Dresang, 2008). The evaluation of decisions concerning the dismissal should be performed on the background of the following concepts: one’s failure to perform the assigned tasks properly, unethical behavior (including the lack of equal treatment of others and biased attitudes), and the inability to build trustful relations with colleagues and their managers, which are the major components of the dismissal framework.
These principles were formed on the background of the information provided in Pendelton Act and Civil Rights Act and the other laws described below.
Ethics Rights and Responsibility
Management of criminal justice professionals should involve ethical, moral, social, and political considerations. Moral and ethical considerations refer to the standards of rightness and goodness of actions and decisions. All representatives of the criminal justice system should enforce the law and protect constitutional safeguards by making certain decisions. Moral considerations refer to the following aspects: fairness, the absence of malevolence, truthfulness, tolerance, etc. Ethics in a greater extent refers to the principles which justify the abovementioned moral standards. The examples of such considerations are restriction of behavior that stems from free action and free will of professionals who work in criminal justice system and elimination of the negative impact or limitations on citizenry proclaimed by legislation. Management of criminal justice professional should be based on these concepts for the assurance that all decisions of representatives of this sphere are good and right. Moreover, these considerations are relevant, because they help to prevent controversial or corrupt abuses connected with power.
Social considerations should also be taken into the account in the analysis of problem-related scenarios. Criminal justice professionals should consider the situation and any possibilities of threatening to social goods and social values as well as interests of individuals and communities. This idea is based on the understanding that these people serve as protectors of social goods and values. Additional emphasis should be paid to political considerations. Decisions of managers and leaders should be impartial, i.e. in problem scenarios they should not take side of some individual or a group of people only because of their political perceptions.
All the above mentioned considerations should be taken into account in the analysis of problem scenarios, because they represent inherent and relevant parts of criminal justice system.
Nowadays, diversity of employees of criminal justice system and equal rights of representatives of different races, genders, ages, religions, and abilities are protected by the legislature. Laws for discrimination related to employment in criminal justice system are the following: Civil Rights Act (1964), Equal Employment Opportunity Act (1971), Vocational Rehabilitation Act (1973), Age Discrimination Act (1974), and Americans with Disabilities Act (1990) (Dresang, 2008).
Civil Rights Act represents one of the biggest legislative achievements, because it forms the background of the prohibition of employment discrimination on the basis of color, race, religion, national origin, and gender. However, it was not perfect and requires extension for being applied to the local and state governments and employers with 15 and more workers (Dresang, 2008). This extension was made in 1972 in the form of Equal Employment Opportunity Act (Dresang, 2008). Both of these acts represent the great steps in the protection of employees’ rights. However, they did not cover the rights of individuals with disabilities. Their rights for equal employment opportunities started to be protected after the passage of the Vocational Rehabilitation Act (1973) and the Americans with Disabilities Act (1990) (Dresang, 2008).
Additional attention should be paid to the amendment of Civil Rights Act 1964 (Dresang, 2008). New Civil Rights Act (1990) represents the great step in the protection of workplace diversity, because it improves Federal civil rights laws in protection of individuals in cases of intentional employment discriminations (racial harassment) and clarification of courses of actions. For example, the amended act states that, if the plaintiff will prove that discrimination was a motivating “factor for an employer’s decision, the employer would be liable for injunctive relief, attorney fees, and costs” (Equal Employment Opportunity Commission, n.d.).
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