Employee Lifestyle and Off-Duty Conduct Book

	Preface
	Acknowledgments
1	Introduction	1
2	Employers and Workers at Common Law	9
I	Review of the Common Law At-Will Rule	10
A	Judicial Limitations	11
B	Judicial Limitations: Lifestyle and Off-Duty Conduct Cases	25
II	Summary: How Far Can Private Sector Employers Extend Their Jurisdiction Over Employees at Common Law?	51
3	Statutory Restrictions	55
I	Federal Statues	56
A	Title VII of the Civil Rights Act of 1964, as Amended	56
B	Civil Rights Acts of 1870 and 1871	85
C	Vocational Rehabilitation Act of 1973	86
D	Americans With Disabilities Act	98
E	Section 510 of the Employee Retirement Income Security Act	101
II	State Statues	105
A	Laws Aimed at Preserving an Employee's Privacy-Type Rights	106
B	Laws Protecting Sexual Orientation	106
C	Laws Prohibiting Discrimination Based Upon Marital Status	109
D	Laws Prohibiting Discrimination Based Upon Handicap	111
E	Laws Prohibiting Discrimination Based Upon Political Affiliation	114
4	Constitutional Standards	117
I	Property Interests	119
II	Liberty Interests	121
III	What Process Is Due?	122
IV	Deprivation of Protected Interests	125
A	Political Association	125
B	Privacy	130
C	Association and Speech	136
D	Morality Standards	146
V	Off-Duty Misconduct and Unreasonable Searches and Seizures	147
VI	Synthesis: Cases Involving Off-Duty Conduct, Lifestyle, and Existing Constitutional Restraints	164
5	Arbitral Standards Under "Just Cause" Provisions in Collective Bargaining Agreements	167
I	Just Cause Criteria	171
A	Injury to Employer's Business	171
B	Inability to Report for Work	183
C	Unsuitability for Continued Employment	186
D	Objectionability or Danger to Other Employees	192
II	Application to Public Sector	197
III	Employer Actions Prior to Trial	207
IV	Guilty and Nolo Pleas Versus Convictions After Trial	212
V	Expungement of Criminal Records	215
VI	Probation and Work Release Programs	216
VII	Employee Loyalty	219
A	Competing With the Company	220
B	Conflicts of Interest	226
C	Denigrating the Employer	228
D	Factors Considered by Arbitrators in Disloyalty Cases: A Synthesis	235
VIII	Off-Duty Considerations and Drug Tests: Discharge and Discipline for Employees Having Drugs "In Their System"	236
IX	Falsification of Employment Applications: Withholding Off-Duty or Lifestyle Information	240
X	Vicarious Liability and Spousal Relationships	248
XI	Summary	248
6	Conclusion	255
	Court Case Table	265
	Index	269