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In addition to the employment rights detailed in Georgia’s Fair Dismissal Act, public school employees enjoy a number of other rights, conferred by the United States Constitution, by Congress in federal laws, and by the General Assembly in Georgia laws. The federal Constitution alone is the source of a substantial portion of the lawsuits brought against school systems. At times it can seem that no employment decision a board makes can escape a claim that the employee’s rights under the first amendment to freedom of speech or religion, or under the fourth amendment to be free of unreasonable searches, or under the equal protection clause of the fourteenth amendment to be free from discrimination based on race, national origin or gender were violated in some way. Congress, too, has enacted a myriad of complex federal statutes protecting many of these same rights and creating new ones, such as rights for disabled employees. As most board members are aware, there has been a dramatic increase in the number of sexual harassment claims since the United States Supreme Court first recognized that sexual harassment is a form of sex discrimination. The substance of the law in this area, both the legal analysis applied to constitutional claims as well as the regulatory scheme for enforcing these statutes, is intricate and can be quite difficult to master. This chapter will outline these topics and provide references for further study of these issues.
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