Common use of Probationary Employees’ Appeal of Discipline Clause in Contracts

Probationary Employees’ Appeal of Discipline. Notwithstanding his or her probationary status, a probationary employee has appeal rights for disciplinary action where the employee alleges that the City’s action was for an illegal or discriminatory reason, such as the exercise of Association membership, political affiliation, or other constitutionally protected activities; provided, however, that any appeal by a probationary employee of rejection from probation alleging a violation of his or her rights under Title VII (42 U.S.C. Section 2000e, et. seq.) or the California Fair Employment and Housing Act (California Labor Code Section 12900 et. seq.) may be pursued as provided in the City’s Affirmative Action program, which shall be specifically amended to allow probationary employees a right of appeal under that program. Nothing in this Section 40.8.5.1 is intended to preclude a probationary employee from seeking enforcement of rights through state and/or federal regulatory agencies or in courts of competent jurisdiction.

Appears in 2 contracts

Samples: Memorandum of Understanding, Memorandum of Understanding

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Probationary Employees’ Appeal of Discipline. Notwithstanding his or her probationary status, a probationary employee has appeal rights for disciplinary action where the employee alleges that the City’s action was for an illegal or discriminatory reason, such as the exercise of Association membership, political affiliation, or other constitutionally protected activities; provided, however, that any appeal by a probationary employee of rejection from probation alleging a violation of his or her rights under Title VII (42 U.S.C. Section 2000e, et. seq.) or the California Fair Employment and Housing Act (California Labor Code Section 12900 et. seq.) may be pursued as provided in the City’s Affirmative Action program, which shall be specifically amended to allow probationary employees a right of appeal under that program. Nothing in this Section 40.8.5.1 41.8.5.1 is intended to preclude a probationary employee from seeking enforcement of rights through state and/or federal regulatory agencies or in courts of competent jurisdiction.

Appears in 1 contract

Samples: Memorandum of Understanding

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Probationary Employees’ Appeal of Discipline. Notwithstanding his or her their probationary status, a probationary employee has appeal rights for disciplinary action where the employee alleges that the City’s action was for an illegal or discriminatory reason, such as the exercise of Association membership, political affiliation, or other constitutionally protected activities; provided, however, that any appeal by a probationary employee of rejection from probation alleging a violation of his or her their rights under Title VII (42 U.S.C. Section 2000e, et. seq.) or the California Fair Employment and Housing Act (California Labor Code Section 12900 et. seq.) may be pursued as provided in the City’s Affirmative Action program, which shall be specifically amended to allow probationary employees a right of appeal under that program. Nothing in this Section 40.8.5.1 is intended to preclude a probationary employee from seeking enforcement of rights through state and/or federal regulatory agencies or in courts of competent jurisdiction.

Appears in 1 contract

Samples: Memorandum of Understanding

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