SMG LA 245 Lecture Notes - Lecture 30: Respondeat Superior, Independent Contractor, Employment Discrimination
Document Summary
If an agent is an employee, then the principal is liable for the agent"s torts on the theory of respondeat superior: even if the employer is not at fault. If the agent is an independent contractor, then the principal is liable for the agent"s torts only if the principal was negligent in hiring or supervising the agent: scope of employment, two issues related to scope of employment: If the agent injures someone while committing an act the principal has not authorized. If ecompsses: workplace discrimination, sexual harassment and, discrimination based on pregnancy. It applies to all public and private employees with 15 or more full/part time employees. Intentionally discriminating against a person because of his protected class status. To win plaintiff must prove employers stated reasons are a pretext for discriminating against plaintiff based on her membership in a protected class.
