Vicarious liability can require an agency to pay damages if an officer is found guilty of sexual harassment.

• A. True
• B. False
• C. Only if the agency negligently hired the officer
• D. The agency may be required to pay damages if an officer is found guilty of sexual harassment.

Answer: (D)

Vicarious liability means an employer can be held responsible for the misconduct of its employees when that misconduct occurs within the scope of the employee’s duties. In a correction or law enforcement agency, if an officer commits sexual harassment while performing official duties, the agency can be required to pay damages to the victim under this principle. This can happen even if the agency didn’t negligently hire the officer; negligent hiring is a separate route to liability, but it isn’t a prerequisite for vicarious liability. So the statement that the agency may be required to pay damages if an officer is found guilty of sexual harassment is the correct understanding, reflecting how employers can be responsible for their employees’ actions in the course of their work.