Line Supervision Section 7 Flashcards
(27 cards)
What is a civil wrong committed by a person that causes injury or harm to the property or person of the victim?
Tort
What is a violation of a duty to act with reasonable care toward others that causes a reasonably foreseeable harm or injury?
Negligent Tort
What is a willful action by a person directed towards another person that results in harm to that person?
Intentional Tort
What is the legal doctrine that the state cannot be sued without its consent, even for the wrongful acts of its agents or employees?
Sovereign Immunity
What is a liability that a supervisor bears for the actionable conduct of a subordinate?
Vicarious Liability
What is a liability the employer bears for the wrongdoing of an employee or agent if it was committed within the scope of the employment or agency?
Respondeat Superior
What is the liability that results when a supervisor or instructor fails to provide adequate training to subordinates and that failure results in injury
Failure to Train
What is the liability that results when an appropriate supervisor is responsible for a subordinates performance and either withholds permission to allow the officer or deputy to meet their lawful responsibilities or allows behaviors and outcomes as a result of an officer’s behavior, resulting in a real or perceived harmful outcome to a party?
Failure to Supervise
What is a liability that results when employees are provided equipment or other resources without the commensurate training and skill development to use them effectively?
Negligent Entrustment
What is the liability that results when known facts, harmful to the mission of the organization, the safety of the public, are known and yet disregarded, resulting in harm to other parties or organizations?
Deliberate Indifference
What is the liability that results when a supervisor has knowledge of an officer’s misconduct and fails to take corrective action?
Failure to Discipline
What is the liability that results when an organization fails to exercise due diligence in its hiring, background investigation, psychological testing, or other legally required or responsible process, thereby allowing the employment of an unqualified or substandard employee?
Negligent Hiring
What is the liability that results when the organization or its leadership knew or should have known” that retaining an employee based on past or current behaviors, when such facts have been substantiated, symbolizes deliberate indifference to that position of trust and authority that was granted by the employing agency?
Negligent Retention
Which case law covers negligent hiring and retention and failure to train liability?
Commissioners of Bryan County vs. Brown
Which court decision is related to failure to discipline liability?
Shaw vs. Stroud
Which court decision is related to qualified immunity- knew or should have known?
Brandon vs. Holt
Which court decision is related to employees receiving appropriate training?
Allen vs. Muskogee
What is unsolicited, unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct and offensive conduct of a sexual desire?
Sexual Harassment
What is the conduct where a supervisor, employee, or someone with the ability to affect the victim’s terms and conditions of employment demands sexual favors in return for job security or other benefits?
Quid pro quo
What is the action a person takes to deprive another individual or group of a right because of prejudice involving color, national origin, race, religion, or sex?
Discrimination
What act states that covered employees must be granted up to 12 weeks of unpaid leave during any 12 month period for either birth of new child, adoption of child, the care of immediate family member, or employees own health condition?
Family Medical Leave Act (FMLA)
Which act prohibits employers against discriminating against someone on the basis of age (40 years or older) ?
Age Discrimination in Employment Act (ADEA)
Which act prohibits employers from discriminating against pregnant women?
Pregnancy Discrimination Act
Which act prohibits discrimination on the basis of ones race, color, religion, sex, national origin, age, or disability?
Civil Rights Act