Online Supervisory/Management Training Program

LESSON 9

Bristol Career Center: Risk and Liability Issues Facing Supervisors

Online Supervisory/Management Training Program

The contents of this program contain references to principles of law that are based upon the United States Constitution, Bill of Rights and case law. Due to changes in law brought about by on-going federal and state appellate rulings,

students should check with appropriate agency sources, to verify matters of law that may require verification of status quo.

September 2003

Negligence Can Lead To The Violation of Federal Laws

Negligent conduct on the part of a supervisor can lead to charges being made by an employee against a company, or a supervisor representing a company whose actions are suspect of violating an employees civil rights.

Federal laws have been created to allow parties who are offended to seek civil redress by suing in a federal court.

The Fundamentals of Federal Liability Law

Federal law suits may be brought against employees and companies under Title 42 of the United States Code Section 1983 that originates with the Civil Rights Act of 1871 that states:

• the employee was acting under the color of state (sovereignty) law;• that the alleged violation was of a constitutional or federally protected right, and• the alleged violation reached a constitutional level

THESE 3 FACTORS MUST BE PROVENNOTE: Section 1983 (complaints alleging violations of constitutional rights and asking for money damages or injunctive relief OR tort claims.)

Section 1983 Can Be Brought Against Employees Employees As

Tort Claims

Constitutional Torts Are Found In The Federal Civil Rights Act of 1871.• injuries or harm suffered by a person because of wrongful actions of another are punishable under law.• they are injuries caused by a violation of rights guaranteed by the U.S. Constitution.The Federal Civil Rights Act of 1871 is codified in Title 42, U.S. Code, Section 1983 that states:Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any state or territory, subjects, or causes to be subject, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

Areas of Suit Under Federal Civil Rights Act 1983

KNOWLEDGE OF POLICY AND CUSTOM

Factors Present That Are Used By People Suing:

• the presence of supervisory personnel at the violation;• the extent to which the policymaker oversees operational aspects of the organization;• the incident review process used by the policymaker;• the method used to gain control and compliance of employees.

Areas of Suit Under Federal Civil Rights Act 1983

Factors indicating that the action of a lower-ranking employee was based on a custom attributable to the company or its policymakers include:

1. The frequency of the violations;2. The extent to which the practice was routinized by employees;3. The extent to which the practice was accepted by supervisors;4. The extent to which the action represented shared beliefs of

employees;5. The number and unanimity of employees involved in the

violation;6. Retention of, failure to discipline, or failure to investigate the

violating employee; and7. Failure to prevent future violations.

Reducing Risk of Being Sued

As a supervisor, or manager you must be thoroughly prepared to identify areas of risk that can lead to civil charges involving negligence being brought against you, and your agency.

Reducing risk depends upon your ability to analyze factors surrounding you that can result in you being vulnerable and increasing the probability of negligence.

ALWAYS ANALYZE YOUR RISKS – BE RESPONSIVE

How Does A Supervisor Protect Him-Herself Against Liability?

• Follow policies and instructions from superiors.• Obtain, provide, good training.• Become familiar with the law that directly affects your job.• Keep good records.• Know the law.

Congratulations

The faculty and staff at the Bristol Career Center want to take this opportunity to thank you for participating in this online training program offered on the topic of liability.

We hope that you found the course content informative and helpful. Please contact the Center for other classes. Phone 860-314-4700 for further information.