Where a police officer or agency has actual or constructive knowledge of a poten

ID: 463429 • Letter: W

Question

Where a police officer or agency has actual or constructive knowledge of a potentially dangerous condition and the officer fails to take reasonable action to correct the existing hazard:

A. There is no liability to the law enforcement agency as all the states have rejected the “public duty” legal principal

B. Civil liability may attach to the officer and/or the agency

C. The duty owed by the law enforcement officer does not extend to 3rd parties who come about the scene later and are not the actual ones involved in the event or occurrence

D. None of the provided answers to this question are correct

To prove a case of discrimination against a police officer under Title VII of the Civil Rights Act of 1964 against their law enforcement agency employer:

The plaintiff must always prove “intent to discriminate” by the defendant agency;

That the employer failed to make reasonable accommodations for the worker’s disability.

The employer must have at least 20 or more employees;

None of the answers provided for this question are correct

City A adopted a rule that all employees of City A had to live within the city limits. City A is right next to City B which is only 1 mile away. City A has no Asian Americans, but one third of the residents of City B are Asian American. Due to the rule, no employee of City A is Asian American. The rule is most likely:

Disparate treatment discrimination

Not discriminatory as it is facially neutral

Disparate impact discrimination

All of the provided answers to this question are correct

A. There is no liability to the law enforcement agency as all the states have rejected the “public duty” legal principal

B. Civil liability may attach to the officer and/or the agency

C. The duty owed by the law enforcement officer does not extend to 3rd parties who come about the scene later and are not the actual ones involved in the event or occurrence

D. None of the provided answers to this question are correct

To prove a case of discrimination against a police officer under Title VII of the Civil Rights Act of 1964 against their law enforcement agency employer:

The plaintiff must always prove “intent to discriminate” by the defendant agency;

That the employer failed to make reasonable accommodations for the worker’s disability.

The employer must have at least 20 or more employees;

None of the answers provided for this question are correct

Disparate treatment discrimination

Not discriminatory as it is facially neutral

Disparate impact discrimination

All of the provided answers to this question are correct

Explanation / Answer

Where a police officer or agency has actual or constructive knowledge of a potentially dangerous condition and the officer fails to take reasonable action to correct the existing hazard

B. Civil liability may attach to the officer and/or the agency

It is the case happened where police officer has to take charge of hazardous condition at particular place. It may happened in case of traffic accident, oil Spills on road, malfunctioning of various traffic control devices or other electronic devices etc may be considered and it is liability of officer to warn to third parties if involved directly or indirectly in situation. There are three legal aspects of police duties are (1) warn and protect, (2) assistance (3) liable for take charge in accident scenes.

To prove a case of discrimination against a police officer under Title VII of the Civil Rights Act of 1964 against their law enforcement agency employer:

The plaintiff must always prove “intent to discriminate” by the defendant agency;

Title VII of the Civil Rights Act of 1964 mainly discusses to offer equal employment opportunity at work place and prohibit job discrimination based on gender, skin colour, race, cast, religion, sex, and national origin. Employers are not entitled to discriminate employees in process of hiring, paying, firing, promotions, awarding other benefits and business decisions. This law clears that it also prohibits employment practices have discriminatory effect or “intent to discriminate” regardless motivated by discriminatory intent. On this basis, plaintiff may file lawsuit in federal court to prove case of discrimination against a police officer under Title VII of the Civil Rights Act of 1964. So ans is (A)

D. All of the provided answers to this question are correct

In above scenario, all rule may be applicable for example : Disparate treatment discrimination , it is illegal that employee is treated differently than other employees who don't poses specific characteristic based on origin, gender, sex, religion etc. In case of Disparate impact discrimination , Adverse effect of activities that may be neutral and non-discriminatory in its intention but disproportionately affects individuals or group based on religion, sex, age , gender, physical disabilities etc. Facially neutral is only applicable for employer that does not appear to be discriminatory on its face but it is discriminatory in its application or effect. In some emergency situation, there is policy of residency requirement for some profession that employees are required to live within some limits. In case of medical emergency, fire fighters etc., residency requirements are there for directors and supervisors live within corporate limits of city. so ans is (D)

The plaintiff must always prove “intent to discriminate” by the defendant agency;

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Where a police officer or agency has actual or constructive knowledge of a poten

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