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Where such a claim is brought against an employer, the employer will be held liable if the entrustee's record was known, or would have been easily discoverable, to the employer. For example, if a bus company hires a driver who has a record of reckless driving, of which the company could have learned through a search of publicly available ...
An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or higher) authority over the employee, subject to an affirmative defense when no tangible employment action is taken. Court membership; Chief Justice William Rehnquist Associate Justices
Like most kinds of professional liability insurance, EPL insurance policies operate on a claims-made basis. [10] This means that policyholders can only receive insurance benefits if they are covered both at the time of the discrimination incident that triggered the claim and at the time when the claim is filed. [11]
Dangerous tasks are common in the construction workplace. Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade ...
The third party could proceed against the servant and master; that is, the employee and employer. The action against the employee would be based on his conduct. The action against the employer is based on the theory of vicarious liability in which a party can be held liable for the acts of a different party.
The Federal Employers Liability Act was designed to put on the railroad industry some of the costs of the legs, arms, eyes, and lives which it consumed in its operation. Not all these costs were imposed, for the Act did not make the employer an insurer. The liability which it imposed was the liability for negligence.
For example, the terms of an employee manual may support an employee's claim that the employer must follow a defined disciplinary process prior to termination. Public policy : In many states it is possible to argue that the employer's reasons for terminating an employee, although not in violation of a statute, violated the state's public policy ...
Faragher v. City of Boca Raton, 524 U.S. 775 (1998), is a US labor law case of the United States Supreme Court in which the Court identified the circumstances under which an employer may be held liable under Title VII of the Civil Rights Act of 1964 for the acts of a supervisory employee whose sexual harassment of subordinates has created a hostile work environment amounting to employment ...
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