Drug testing employees in the workplace can be a valuable tool in detecting and putting
a stop to drug use. After all, those who abuse drugs and alcohol on the job are more likely to
cause accidents and general harm to their fellow employees. But drug tes
Unit 7 Chap 13&14
Reasonable and non-discriminatory uniform, clothing, and grooming requirements that are
different for men and women:
violate the U. S. Constitution.
violate Title VII.
violate state laws.
are usually upheld.
The ADA has important ramifications for the fire service. Due to the arduous physical
nature of firefighting, and the consequences to the member, other firefighters, and the public if
firefighters are physically incapable of performing their duties, a per
In one of the most important labor law cases in history, the United States Supreme Court
upheld an NLRB determination that it is an unfair labor practice for an employer to deny an
employee the right to have union representation at an investigatory meetin
Unit 6 Chap 11&12
One of the most significant accomplishments of the Civil Rights Act of 1964 was that for the first
public sector discrimination was prohibited.
municipal fire departments could not discriminate in hiring.
Unit 5 Chap 9&10
The liability protection afforded employers under workers compensation systems is referred to
public duty doctrine.
duty to act doctrine.
An agreement between two
If a firefighter who resigns seeks to rescind the resignation, claiming that he resigned
under duress, he must prove the contract is voidable.
Contracts that are invalid or unenforceable for one reason or another can be classified
as either void or voidab
Sovereign immunity is a common-law rule that the government is immune from liability
from actions in tort; the immunity arose from the old English principle that The king can do no
wrong. The principle of sovereign immunity was adopted in the United State
Respondeat superior is a legal doctrine that holds an employer liable for torts of its
employees, provided the torts are committed within the scope of the workers employment.
Respondeat superior is a form of strict liability for the employer, because it d
Whenever a patients capacity to consent is an issue, emergency responders can be
placed in a difficult situation. Competent adults have the absolute right to decline medical
treatment, even if it means they will die or suffer serious injury. However, pers
When government officials need to enter a persons home or business in order to carry
out a legal responsibility, such as conducting a fire code inspection or conducting a cause and
origin determination, they may obtain an administrative search warrant (Va
I think it would have mattered if the defendants had been charged with arson instead of
manslaughter. If they were charged with arson, it would mean they intentionally set the fire and
the resulting deaths would have been manslaughter
One essential elemen
A corporation is a legally created entity that is accepted, approved, and recognized by a
state through a formalized process. Once created, corporations have the legal capacity to enter
into contracts, and can sue or can be sued. Corporations can be one o
The treatment of volunteer and part-time firefighters under OSHA is a difficult and
challenging area. There are many issues that must be considered in determining if OHSA
regulations apply to a fire department, let alone a volunteer fire department (Varon
Unit 1 Chap 1&2
The_phase is the first phase of a civil lawsuit.
There are_Federal Circuit Courts of Appeal.
Unit 1 Chap 1&2
The_phase of a lawsuit, which provides
Codes are written as bodies of regulations that can be adopted in whole or in part by
regulation. Standards are recommendations on how things should be designed or done. They
are usually adopted by policy or as part of a memorandum of understanding. The N
Stare decisis is a Latin term for let the decision stand. It refers to the principle that
once a court establishes a legal principle or interpretation, other courts at the same or lower
level in the same jurisdiction must apply that principle or interpret
Quid pro quo (Latin for "something for something") indicates a more-or-less equal
exchange or substitution of goods or services. English speakers often use the term to mean, "a
favour for a favour," and the phrases, "what for what" and "tit for tat" have