ABSTRACT

Great strides have been made in protecting public employees from discrimination on the grounds of religion, race, and sex; some protections for the handicapped and the elderly have been recognized; and the individual's freedom to conduct his life off the job in the way he prefers has grown. Policymaking employees, their confidential assistants, and those in security-sensitive positions, may still be required to prove their loyalty, and their political affiliations may certainly be inquired into. The legal rights of government employees to live their own lives are more substantial than those of their counterparts in much of the private sector. Dismissal of employees for their off-duty conduct is often accomplished under statutes or regulations authorizing discharge for "moral turpitude," "unfitness," "conduct unbecoming," or "behavior inimical to the service." A probationary, provisional, or temporary employee has no such right, unless it is found in a statute, regulation, or contract.