1) "Intent to discriminate" must be proved in all types of discrimination causes of action/theories of recovery for the plaintiff to prevail

True

False

2) If a police agency or police officer is being sued for negligence for a vehicle accident because they failed to signal a lane change while the officer was driving (in a non-emergency situation and not involved in any pursuit) which caused another driver to run off the road, and the plaintiff eventually receives only 10% of their proven damages at the end of the lawsuit because there was evidence that they were speeding and could have avoided the situation but for their high rate of speed then:

a. The state in which the trial occurred still applies the doctrine of contributory negligence defense

b. The police officer owed no duty of care to the other driver

c. There is no breach of the duty owed by the police officer to the plaintiff in this case

d. The state in which the trial occurred has adopted the comparative negligence defense

3) Women police officers with kids can be given a preference to work the day shifts over male officers with kids since they have to take care of their kids at night

True

False

4) "English Only" polices in the police workforce are routinely outlawed since they discriminate based on "national origin"

True

False

5) Generally, unions are rare in public police forces

True

False

6) A police agency can legally purposefully demote union members or assign them to the mid-night shift merely because they are part of a union

True

False

7) Under the public duty doctrine, police officers are often held liable for many of their inactions or failure to act

True

False

8) 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

a. The plaintiff must always prove "intent to discriminate" by the defendant agency

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

c. The employer must have at least 20 or more employees

d. None of the above are accurate statements

9) Negligent operation of a police vehicle in a non-pursuit type situation is:

a. An intentional tort

b. Strict liability situation

c. a case where "probable cause" is a valid defense which will prevent such a claim against the police agency

d. A valid civil exposure claim to a police department

e. All of the above are true

10) A special duty may be found to exist if a police officer has knowledge of the impending danger, if the danger is obvious, if a traffic hazard existed at the time, if the officer is in direct and immediate control, and if the officer had ample opportunity to correct the situation but failed to do so

True

False

11) Title VII of the Civil Rights Act of 1964 prevents a police agency from firing a police officer because he is gay.

True

False

12) In a non-unionized police force, a police officer who is an employee at will, goes to serve on jury duty and informs his/her employer of the situation and dates. The employer then fires the employee because they were needed at work. The employee can be validly fired and will not get their job back by way of a wrongful termination lawsuit against their employer because they were an employee at will and they could have been fired for any reason

True

False

13) Innocent-bystander fatalities and injuries relative to police vehicle pursuits remain an under reported portion of police pursuit statistics because:

a. most police agencies do not report deaths that occur after the chase has ended, even if it is a matter of seconds or if the bystander dies at the hospital

b. there is no mandatory nationwide system of reporting police pursuit statistics

c. different police departments have different pursuit policies and define police pursuits in different ways

d. all of the above are true responses to the question asked

14) State law enforcement agencies are prevented from discriminating against their employees under the 14th amendment and Title VII of the Civil Rights Act of 1964

True

False

15) When police officers are operating police vehicles under normal day-to-day driving (ie. NOT vehicle pursuits)

a. They do not owe a duty of care to other drivers on the road

b. They are not held to the same standard of care as all other drivers on the roadway

c. Most jurisdictions recognize that the violation of a state or municipal traffic regulation is prima facie proof of negligent conduct so long as the law or regulation was meant to prevent those kinds of damages inflicted on the plaintiff

d. None of the foregoing are true

16) Affirmative action plans instituted by police administrators in an effort to increase the diversity of their police force are :

a. Are valid if based on a system of quotas

b. Are valid if based on a system of preferences, not giving to much preference to a minority status

c. Outlawed by civil service statutes

d. Unconstitutional in any form as they violate the equal protection clause of the US Constitution

17) Title VII of the Civil Rights Act applies to all employers of any size as it is meant to stamp out discrimination nationwide

True

False

18) Police agencies must allow their uniformed officers to wear head wrappings and face veils if that is the police officer's true religious practices.

True

False

19) You are hired as a police patrol officer for a local police department as an employee-at-will. There is NO Union to join in the workplace whatsoever. Your supervisors order you to routinely speed on the roadways and DO NOT activate your emergency lights. Often your supervisors even order you to speed around town without emergency lights to deliver non-essential packages and to pick up lunch for the office. You refuse since this is dangerous, reckless and illegal. Your supervisors fires you for not following orders. Your supervisors also tell you that you cannot sue the police department or the city for wrongful discharge because you are an employee-at-will and can be discharged for any reason, or no reason.

a. The boss is wrong because being fired under these circumstances is a violation of public policy

b. The supervisors are wrong, as there was an express/implied contract that you could remain at your job for a reasonable time

c. The supervisors are correct since they have qualified immunity

d. The supervisors are right as you can be fired for virtually anything under the employee-at-will doctrine

20) Applicants for police positions who speak two languages can be favored legally by a police agency in the hiring process over officers who only speak English so long as the decision is not based on the applicant's national origin

True

False