Employer Liability for Negligent Hiring

  1. Employer Liability for Negligent Hiring

Read Malorney
v. B&L Motor Freight, Inc. in Section 21.2 of your textbook. Discuss what
duty or duties a business has with regard to checking the background of
potential employees before hiring.  Do you agree that businesses should be
liable for injuries resulting from negligent hiring? Why or why not?

  1. Discrimination

Not
all discrimination is prohibited by law. For example, employers routinely
discriminate between potential employees based upon education or experience.
Other types of discrimination are more subtle, but still legal. For example,
some employers discriminate between potential employees based upon personal
characteristics such as weight or attractiveness. Should employers be permitted
to discriminate based upon attractiveness? Take a side and argue that an
employer should or should not be permitted by law to discriminate against
persons who are not attractive.

 

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