From Florida
Question: We are negotiating the development and implementation of Physical Fitness testing and Psychological testing/assessment for a federal police agency. The Agency has not conducted any scientific studies or job task analysis for these standards. Can the Agency implement its own standards without first validating them as job-related to duties actually performed? Since this is a national police force with stations nationwide, should these validation studies be a national study at random across the nation, or individual validation studies conducted at each field station?
Answer: You’ve asked a question that involves a complicated area of law. The bottom line, though, is that if physical fitness tests have a disparate impact on a protected class (and virtually all do), they have to be validated, and validated for the employees who will be subject to them. You might want to have your attorneys review the recent decision of the Federal Third Circuit Court of Appeals in Lanning v. Southeastern Pennsylvania Transit Authority, which deals with the process of validation of physical fitness tests for law enforcement officers.
From New Mexico
Question: My question is regarding bilingual pay. Our county is approximately 3000 square miles and 90% of the population is Hispanic. On certain days of the week, I am the only Spanish-speaking officer on duty and am required to handle all service calls in my district, Spanish or English-speaking calls. I also handle Spanish-speaking calls for service in the other districts. Should I be compensated for being bilingual? We are required to answer these calls or could be disciplined for neglect of duty. Our County and Departmental policies do not address this issue.
Answer: Actually, there’s a case right on point that stands for the proposition that a law enforcement employer can force employees to act as interpreters without paying them premium pay. See Yanis v. McGuire, 469 N.Y.S.2d 736 (A.D. 1983). The usual resolution of this issue, however, occurs in collective bargaining, where it is common to see premium pay for employees acting as interpreters.
To submit questions on public safety labor and employment issues, visit our web site at www.LRIS.com. Please be aware that the answers given here are for information purposes only and should not be construed as legal advice.