It is written that it is also important to ensure that there is no information that, if discovered, would disqualify the applicant from employment or could subject other employees, clients, or customers to a dangerous situation. That type of information also could subject the employer to a claim of negligent hiring, recognized as a cause of action in all 50 states (Bennett- Bennett-Alexander and Hartman, 2021).

Texas enacted a new law (Texas H.B. 1188) in 2013 to preclude most causes of action for negligent hiring or negligent supervision against employers, general contractors, and premises owners. The new law amends the Texas Civil Practice and Remedies Code to prohibit most causes of action "against an employer, general contractor, premises owner, or other third party solely for negligently hiring or failing to adequately supervise an employee, based on evidence that the employee has been convicted of an offense" (Mitchell and Flesher, 2013).

In an article in Hg.org, you read "workers and applicants receive protections from the Fair Employment and Housing Act as well as the ADA and Equal Employment Opportunity Commission for hiring practices that the employer should not engage in when questioning and determining the factors of hiring of a person. Some of these protections extend to convicted criminals that would not otherwise acquire the job, and this important for the rehabilitation of such individuals. Violations of these laws and Acts may lead to the hiring of a lawyer to bring forth a negligence claim against the employer." Comment on the basis of law rather than political view? 

Negligent Hiring

 

May I receive references

Mitchell, M. D. and Flesher F. L. (2013, June 16). New Texas law limits negligent hiring, supervision claims against employers. Ogletree Deakins. https://ogletree.com/insights/new-texas-law-limits-negligent-hiring-supervision-claims-against-employers/.

Clark, M. M. (2019, August 16). How to Address Negligent Hiring Concerns: Exercise due diligence to avoid negligent hiring nightmares. SHRM. https://www.shrm.org/hr-today/news/hr-magazine/spring2019/pages/how-to-address-negligent-hiring-concerns.aspx.

Bennett-Alexander D. and Hartman L.P. (2021). Employment law for business, New York, NY : McGraw-Hill Education.

Hg.org. (n.d.). When Employers Can Be Held Liable for Negligent Hiring. https://www.hg.org/legal-articles/when-employers-can-be-held-liable-for-negligent-hiring-47933#:~:text=Workers%20and%20applicants%20receive%20protections,of%20hiring%20of%20a%20person.

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Answer In analyzing the legal implications of negligent hiring practices its essential to focus on the legal framework rather than political viewpoint... View the full answer