To Hire or Not to Hire, That Is the Question

530 Words2 Pages

To Hire or Not To Hire, That Is the Question
A large undertaking that is affecting employers today is locating sufficient applicants that are qualified. Many employers are faced with the lack of growth in qualified job applicants to meet with the demands of available jobs. Conducting a background check on a potential employee has become an increasingly common procedure to conduct during the hiring process. Unfortunately, it has created a situation where a potential barrier has been erected that can prevent the hiring of qualified candidates. However, it has been increasingly common for many qualified candidates to have a criminal record. In some cases, some may have committed a serious crime, while others may have only committed a minor crime. It is up to the employer to consider whether they should hire someone with a criminal record or not. An employer must comply with the guidelines of Title VII, set by the Equal Employment Opportunity Commission, which “employers from using policies or practices that screen individuals based on criminal history information if… They do not help the employer accurately decide if the person is likely to be a responsible, reliable, or safe employee”( Pre-Employment Inquiries and Arrest & Conviction). The approach to consider in regards to the question of whether an employer should hire someone with a criminal record or not by responding to the following: negligence in hiring, Did they know or should they have known?, and negligence in supervision.
Negligence in Hiring
Negligent hiring “occurs when an employer is liable for a tort conduct of any employee and the third party has filed a claim against the employer” (Odewahn, C. , & Webb, D). The act of filing such a claim is a reflection upon...

... middle of paper ...

...I, Cross-Appellees-Defendants, vs. ANGELA PETTIGREW, Appellee/Cross-Appellant-Plaintiff..
No. 49A02-0509-CV-849. (July 25, 2006). [Online] Retrieved from http://www.lexisnexis.com/us/lnacademic
Odewahn, C. , & Webb, D. (1989). Negligent hiring and discrimination: An employer's dilemma?. Labor Law Journal, 40(11), 705.
Pre-Employment Inquiries and Arrest & Conviction. (n.d.). Pre-Employment Inquiries and
Arrest & Conviction. Retrieved February 23, 2014, from http://www.eeoc.gov/laws/practices/inquiries_arrest_conviction.cfm
Reagan v. Dunaway Timber Co., No. 3:10-cv-03016 (W.D. Ark. Nov. 16, 2011). [Online]
Retrieved from http://www.lexisnexis.com/us/lnacademic
Hirsh, C. , & Kornrich, S. (2008). The context of discrimination: Workplace conditions, institutional environments, and sex and race discrimination charges. The American Journal of Sociology, 113(5), 1394-1432.

Open Document