2. 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
3. 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.
4. 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 PROVEN
NOTE: Section 1983 (complaints alleging violations of constitutional
rights and asking for money damages or injunctive relief OR tort
claims.)
5. 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.
6. 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.
7. 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; and
7. Failure to prevent future violations.
8. 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
9. 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.
10. 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.
