Suppose that during regular work hours, an employee of XYZ Co. commits a sexual
assault or other violent attack upon a member of the public. The employee, of
course, is liable for the intentional tort of battery (about which you learned
in Chapter 6), as well as a criminal offense. Although the doctrine of respondeat
superior makes employers liable for their employees’ torts when those torts are
committed within the scope of employment, XYZ is quite unlikely to
face respondeat superior liability for its employee’s flagrantly wrongful act because
a sexual assault or violent attack, even if committed during regular work hours,
presumably would be outside the scope of employment.
However, as the principles explained in this chapter suggest, XYZ could be liable
for its own tort if XYZ was negligent in hiring, supervising, or retaining the employee
who committed the attack. A determination of whether XYZ was negligent would
depend upon all of the relevant facts and circumstances.
Regardless of whether XYZ would or would not face legal liability, the scenario
described above suggests related ethical questions that may confront employers.
Consider the following:
Write a paper of not more than 1,050 words in which you answer the following questions:
Does an employer have an ethical obligation to take corrective or preventative action when
the employer knows, or has reason to know, that the employee poses a danger to others?
Does it matter whether the employer has irrefutable evidence that the employee poses a
danger to others or whether the employer has only a reasonable suspicion to that effect?
If an employer has an ethical obligation to take corrective or preventative action, to whom
does that obligation extend and what should that obligation entail?
Does the employer owe any ethical obligation to the employee in such situations?
What potential torts are demonstrated in the scenario?
Analyze any potential criminal liability for the employer and the employee.
Cite at least 5 peer-reviewed references.
Format your paper consistent with APA guidelines.
