Employer Liability for Negligent Hiring/ Discrimination
All the employers have the duty to check the background of the employee before hiring in the process of employment. In this instant case of (Malorney v. B&L Motor Freight , 1986), the employee, i.e. Edward Harbour, was employed by B&L, but the employer did not check the criminal background of the Harbour and thereafter in the course of the employment (Patricia M. Harris, 2005), the employee committed the same offence he was previously convicted for. So, if the doctrine of the respondent superior is applied, i.e. the doctrine of vicarious liability (MEYER v. HOLLEY et al, 2003), then the employer will be liable to the third parties, here the plaintiff, for those actions of the employee done in the course of the business (Minuti, 1998). Again, the plaintiff is right in pointing out that, the employer failed to do a background check for the criminal records for the employee, so the duty so fastened on the employer was not performed and hence the employer will be liable for the injuries so done on the plaintiff and so must compensate the victim (Sykes, 1988). Thus, the employer must have been cautious in hiring the employee and without doing that in the right time cannot shift the burden or the onus to someone else or to some other regulations and so is dutybound to compensate the plaintiff victim.
MEYER v. HOLLEY et al, 537 U. S. 280 (2003) (The United States Court of Appeals for the Ninth Circuit January 22, 2003).
Minuti, M. (1998). Employer Liability under the Doctrine of Negligent Hiring: Suggested Methods for Avoiding the Hiring of Dangerous Employees . Delaware Journal of Corporate Law.
Patricia M. Harris, K. S. (2005). Ex-Offenders Need Not Apply- The Criminal Background Check in Hiring Decisions. Journal of Contemporary Criminal Justice, 6-30.
Sykes, A. O. (1988). The Boundaries of Vicarious Liability: An Economic Analysis of the Scope of Employment Rule and Related Legal Doctrines. Harvard Law Review, 563-609.