Question 1

Mielnicki (2014) identified four types of workplace violence, which one of the following was not identified.&#10;A) Stranger Violence&#10;B) Customer/Client Violence&#10;C) Outsider Violence&#10;D) Employee Violence

Accepted Answer

Mielnicki (2014) identified four types of workplace violence: Stranger Violence, Customer/Client Violence, Outsider Violence, and Employee Violence. Therefore, the correct option is C, as it was not identified.

Question 2

To lessen the risks of negligent hiring, sport managers should take all the following steps in their hiring process, except?&#10;A) Check qualifications/past job experience&#10;B) Writing sample&#10;C) Background check&#10;D) Test personal characteristics

Accepted Answer

While checking qualifications and past job experience, conducting background checks, and testing personal characteristics are all important steps in the hiring process to reduce the risk of negligent hiring, requiring a writing sample is not a necessary step. However, it may be beneficial in certain industries or positions where strong writing skills are important.

Question 3

Why might the doctrine of vicarious liability impose liability on an employer for the actions of its employees?&#10;A) The employer has engaged in some wrongdoing.&#10;B) The employer receives the benefits of employees' work, so it should also bear the responsibility for employees' actions.&#10;C) The employer is in the best position to control employees and to procure insurance.&#10;D) Both B and C

Accepted Answer

The doctrine of vicarious liability imposes liability on an employer for the actions of its employees because the employer receives the benefits of employees' work, so it should also bear the responsibility for employees' actions. Additionally, the employer is in the best position to control employees and to procure insurance. However, the employer may not necessarily have engaged in any wrongdoing themselves.

Question 4

When considering respondeat superior, the employer will be responsible for the acts of an employee so long as...&#10;A) The employee was on the organization's place of business.&#10;B) The acts violate the code of ethics set by the organization.&#10;C) The employee is not on-duty at the time the event occurred.&#10;D) The acts are done within the scope of employment to advance the business of the employer.

Accepted Answer

Respondeat superior holds the employer responsible for the acts of their employees if those acts were done within the scope of employment to advance the business of the employer. The location of the employee, the violation of organization's code of ethics or whether the employee was on-duty or off-duty at the time of the event are not the determining factors.

Question 5

Which of the following actions would not be considered inside the scope of employment liability?&#10;A) Financial embezzlement&#10;B) Sexual abuse&#10;C) Physical abuse&#10;D) Verbal harassment

Accepted Answer

Financial embezzlement is not considered inside the scope of employment liability as it involves stealing or misusing company funds for personal gain and is not a part of the employee's job responsibilities. However, sexual abuse, physical abuse, and verbal harassment are all acts that could potentially fall under employment liability as they can occur within the scope of an employee's job duties.

Question 6

In the physical abuse case at Rutgers University involving Mike Rice, the University could have been sued under which of the following?&#10;A) Negligent hiring&#10;B) Negligent retention&#10;C) Negligent practices&#10;D) Negligent selection

Accepted Answer

Negligent retention occurs when an employer fails to take action to address or remove an employee who is known to engage in harmful behaviors towards others in the workplace. In the case of Mike Rice at Rutgers University, it was found that the administration was aware of his physical abuse of players but did not take appropriate action to remove him from his position as head coach. Therefore, Rutgers could be sued for negligent retention.

Question 7

Which of the following acts is now tasked with handling all child abuse cases in U.S. amateur sport?&#10;A) Safe Sport Authorization Act&#10;B) Title IX&#10;C) Amateur Sports Act&#10;D) Title VII

Accepted Answer

The Safe Sport Authorization Act, passed in 2017, created the U.S. Center for SafeSport, which is now responsible for handling all reports of child abuse in U.S. amateur sport.

Question 8

The basic issue with negligent hiring is whether a manager did which of the following?&#10;A) Acted as a reasonably prudent manager in choosing an employee&#10;B) Was vicariously liable for choosing an incompetent employee&#10;C) Breached the duty of care in hiring an unsafe and/or incompetent employee&#10;D) Both A and C

Accepted Answer

Negligent hiring occurs when a manager fails to exercise reasonable care in hiring an employee who poses a potential risk to others in the workplace. Therefore, the correct answer is D, as negligent hiring involves both the manager’s failure to act as a reasonably prudent manager in choosing an employee and breaching the duty of care in hiring an unsafe and/or incompetent employee.

Question 9

All of the following are elements required to show agency relationship, besides?&#10;A) A manifestation by the principal that the agent will act for him.&#10;B) Acceptance by the agent of the undertaking.&#10;C) An understanding between the parties that the principal will be in control of the undertaking.&#10;D) A verbal agreement to perform the duties required.

Accepted Answer

A verbal agreement alone is not sufficient to establish an agency relationship. The other elements required are a manifestation by the principal that the agent will act for him, acceptance by the agent of the undertaking, and an understanding between the parties that the principal will be in control of the undertaking.

Question 10

The employer's liability under the principle of vicarious liability/respondeat superior is primary, that is, the employer itself has engaged in some wrongdoing for which it should be responsible.

Accepted Answer

The employer's liability under the principle of vicarious liability/respondeat superior is secondary, meaning that the employer can be held liable for the actions of their employee even if they themselves did not engage in any wrongdoing, but only if the employee was acting within the scope of their employment.

Question 11

Scope of employment means that an employee is acting to advance the business of the employer.

Accepted Answer

The answer of Scope of employment means that an employee...

Question 12

Negligent hiring occurs when an employer breaches its duty to hire safe and competent employees.

Accepted Answer

The answer of Negligent hiring occurs when an employer breaches...

Question 13

Control over the day-to-day details of a party's work is consistent with a finding that the party is an independent contractor.

Accepted Answer

The answer of Control over the day-to-day details of a...

Question 14

An organization can never be vicariously liable for the acts of a volunteer.

Accepted Answer

The answer of An organization can never be vicariously liable...

Question 15

This chapter discusses three important areas of negligence in employment-related decisions, please define negligent hiring, negligent retention, and negligent supervision.

Accepted Answer

The answer of This chapter discusses three important areas of...

Question 16

What are two ways employers can mitigate liability risks for acts of independent contractors?

Accepted Answer

The answer of What are two ways employers can mitigate...

Question 17

Describe and discuss potential strategies for sport organizations to mitigate liability related to employees?

Accepted Answer

The answer of Describe and discuss potential strategies for sport...

Deck 4: Employer Liability for Acts of Employees and Others