Court rules employers can be held negligent
The 11th Circuit Court of Appeals has ruled that businesses can be held negligent in cases where employee recruiting and hiring has compromised workplace safety and competency. The ruling also applies to when an employee is retained after the discovery that he or she may not be fit for the workplace, the Atlanta Business Journal reports.
The ruling stems from a case against Grady Memorial Hospital, which was charged with negligence after failure to supervise a counselor who was charged with sexually abusing patients, the Journal details.
The hospital maintains that the employee passed a rigorous screening, including a drug test, criminal record evaluation and reference interviews. Grady reported that nothing from the process had revealed such behavior.
The screening process did not uncover any negative character traits, which cleared Grady of any wrongdoing during recruitment because of a lack of evidence to support responsibility. Nevertheless, the court's decision was levied against companies that hire an individual, despite the person not clearing a thorough evaluation process.
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