Yancey v. State Personnel Bd

In Yancey v. State Personnel Bd. (1985) 167 Cal.App.3d 478, a correctional officer was terminated for wearing female underwear in public while off-duty. (Id. at p. 481.) The appellate court held that this was an excessive penalty, given that the officer "did not commit a criminal act, he was not wilfully disobedient, he did not violate any rule or regulation of the department, he was not dishonest, everyone agreed he was cooperative and completely candid in his disclosures, he was not insubordinate, and his prior work record was exemplary. . . . Furthermore, . . . the sole reason for his behavior appears to be medical, and may have been caused in some degree by the job itself. It also appears to be transitory in nature." (Id. at p. 487.)