Background Information

You have been the Human Resources Manager at the Queens, New York division for Trust Disability Services (TDS), for the past 5 years. The president and founder, Sam Boss, has been a friend of yours since you met in high school. You were the first non-family member to be hired by Sam to work for Trust Disability Services. Previously, you held a number of positions including human resources generalist for a major hotel chain and human resources director with a local utility company.

The Queens, New York division of TDS is the largest branch office with 10 social workers, 7 full-time nurses, 4 part-time nurses, 40 part-time home health aides, and 3 full-time handymen. Because of your job title, relationship with Sam, and years of expertise in human resource management, Sam frequently consults with you when he is making policy decisions.

Scenario

Currently, the hiring processes at Trust Disability Services are standardized at headquarters and at the local divisions. Each job applicant completes a standardized application, submits a resume, does pre-employment testing, and goes through a screening process that includes, contacting references and former employers, a criminal background check, and drug testing. This was not the case when the organization was first started. As a result, many long time employees have never gone through a background check. The employees of Trust Disability Services work in clients homes and have contact with vulnerable individuals (e.g. children, elderly, infirm). Sam Boss would like to reevaluate the companys screening policies.

Part 2

It has come to your attention that one of your longtime employees, Felix Bain, a handyman, is on the New York Sexual Offender list. After doing more research, you learn Bain was convicted of having unlawful sexual intercourse with a 17-year old female 5 years ago. As a registered sexual offender, Bain cannot live within 1,000 yards of a school, and must register with the state anytime he moves. He is also prohibited by law from holding positions such as school teacher and healthcare professional. You and the Human Resources Director must decide whether to terminate Bain based on this newly discovered information. In a written document prepare a response to the following points:

Research and discuss whether Trust Disability Services would have respondeat superior liability if Bain committed any harmful sexual acts on one of their clients, and explain whether the company would be liable for negligently hiring Bain.

Analyze and explain the policy Trust Disability Services should adopt regarding use of Bains criminal history in deciding whether to terminate him based on this information. Explain whether the policy should differ according to the type of job in question.

Provide the Human Resources Director with at least two recommendations for handling the Bain situation, and explain how these two recommendations would conform to local, state, and federal laws on background checks and the use of the information obtained.