Negligent Hiring Lawsuits

  • By Brittany Guyton
  • 18 Aug, 2015

How to avoid them 

The hiring process can be very stressful for hiring managers or employees in the human resources department. Not only must they find a suitable applicant who possesses the skills necessary to perform the job satisfactorily, but they must also protect the company and current employees from any harm due to a new hire. Lawsuits for negligent hiring are becoming one of the fastest growing areas of litigation and employers are suffering.

Every employer must perform due diligence and exercise reasonable care for the safety of others in the workplace. Employers and hiring managers need to consider if an applicant represents any type of risk to the company or others in their potential role. If an employee is harmed by the new hire and the employer failed to perform due diligence, it is possible that the employer can be sued for damages because they did not perform their legal duty. This case represents a negligent hiring lawsuit and can result in a large settlement fee.

An employer who hires someone they knew, or in the exercise of due diligence should have known, was dangerous or unfit for the position is liable to be sued for negligent hiring. An employer will not typically hire an individual they know to be dangerous or unfit for a job. However, some employers will not perform due diligence during the hiring process and will end up hiring dangerous or unfit employees. This oversight can cause several problems in the workplace. Due diligence should be implemented as part of an employer’s standard risk mitigation process.
If an employer performs due diligence then they will be protected against a negligent hiring lawsuit. So what is involved with performing due diligence? Here are some due diligence methods that protect your company from a negligent hiring lawsuit:
  • Background Check
  • Credit Check
  • Criminal Records
  • Motor Vehicle History
  • Employment Screening
  • Education Verification
  • Drug Screening
  • Credential/License Verification


Employers and hiring managers must be proactive in performing comprehensive background checks in order to avoid liability. CourtHouse Concepts can perform all of the pre-employment screening services that a company requires to exercise due diligence. Our experienced professionals will deliver all the background check information you need to make a safe hire that will add benefit to your company. Visit http://www.courthouseconcepts.net/ or call 877-750-3660 today to find out more about how CourtHouse Concepts can protect you with pre-employment screening services.

Industry News and Trends

By Brittany Guyton 18 Apr, 2016

“Ban the Box” is an international campaign advocating on behalf of ex-offenders, seeking employment. Their goal is to persuade employers to remove the “check box” from hiring records that asks if applicants have a criminal record. Followers of the campaign advocate that this change will allow employers to consider a candidate’s qualifications first, without the stigma of a criminal record.

 

New York City and Austin Texas are among some of the cities who have recently proposed amendments and ordinances regarding this issues.

 

The New York City Commission on Human Rights (NYCCHR) recently issued proposed rule amendments regarding the Fair Chance Act. Although this may be a step toward compromise regarding the “Ban the Box” issue, the amendments pose severe compliance challenges for employers. Some potential violations include; 1) Requesting permission to conduct a background check and 2) Using any standard form across multiple jurisdictions that includes a criminal history question regardless of if the form specifies NYC applicants should not respond.

 

Requiring employers to use a different employment application or form for hiring in NYC creates a significant compliance hurdle that could cost employers thousands of dollars in penalties.

These proposed amendments also prohibit employers from conducting their own search with terms such as “arrest,” “mugshot,” “warrant,” “criminal,” “conviction,” etc. It is unclear if these provisions prohibiting employers from searching for the specified terms or websites are barred from doing so at any point in the hiring process or just prior to extending a conditional offer of employment. These requirements would leave employers without adequate resources to conduct a criminal history search when needed.

 

 

A ban the box ordinance was also proposed in Austin, Texas. Although this ordinance is mostly straight forward, there are major concerns regarding a listed requirement to notify applicants in writing if the adverse action decision is based on criminal history.

 

Employers that conduct background screenings via Consumer Reporting Agencies (CRAs), the Fair Credit Reporting Act (FCRA) requires a specific process to be followed any time an employer is potentially making an adverse decision (i.e., denying employment, terminating an employee, deciding not to promote an individual) based on information contained within a background report – which may or may not contain criminal history information.

 

Requiring employers to specifically state that the individual’s criminal history is the basis for an adverse decision, extends beyond the federal requirements which presents potential compliance challenges for employers that hire in multiple jurisdictions

 

Learn more about the Ban the Box campaign and the concerns surrounding it at http://napbs.com/

 

Call Courthouse Concepts for detailed, and thorough background screenings!


 

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