California Private Investigator Practice Exam

What do Garrity rights protect for public employees?

1. Right to unionize

2. Right to refuse overtime work

3. Right against self-incrimination by their employer

4. Right to privacy in workplace communications

The correct answer is: Right against self-incrimination by their employer

Garrity rights provide crucial protections for public employees, specifically ensuring their right against self-incrimination when they are compelled to answer questions during an investigation by their employer. This principle arises from the legal case Garrity v. New Jersey, where the U.S. Supreme Court held that public employees cannot be forced to incriminate themselves in regulatory or administrative investigations, especially when their statements might be used against them in a criminal proceeding. This protection empowers public employees by preserving their constitutional rights, thereby allowing them to navigate investigations without the fear that their responses could lead to criminal charges. The safeguard is essential in various scenarios where investigations might involve misconduct or allegations that could have legal implications. The other options cover different aspects of worker rights but are not directly associated with the protections afforded by Garrity rights. The right to unionize pertains to collective bargaining and union activity, the right to refuse overtime work involves labor laws around hours worked, and the right to privacy in workplace communications relates more to personal privacy rights than to self-incrimination safeguards. Hence, Garrity rights specifically focus on a public employee's right against self-incrimination.