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Standardizing Liability For Negligent Hiring Of Ex-Offenders, Stacy A. Hickox
Standardizing Liability For Negligent Hiring Of Ex-Offenders, Stacy A. Hickox
Stacy A. Hickox
Employers considering hiring applicants with criminal records face a dilemma. Potential liability for negligent hiring may prompt employers to refuse to hire ex-offenders, since the employer could be liable for harm caused by an employee who has a criminal record, if that harm was foreseeable. Yet the negligent hiring case law provides little guidance for an employer trying to determine when harm is foreseeable. At the same time, nondiscrimination laws require that employers not exclude applicants based solely on their criminal records, since exclusion of ex-offenders will likely have an adverse impact on applicants of color. To resolve this dilemma, …
Individualized Assessment Of Applicants With Convictions, Stacy A. Hickox
Individualized Assessment Of Applicants With Convictions, Stacy A. Hickox
Stacy A. Hickox
Employers often rely on criminal background checks as part of the hiring process. Yet consideration of applicants’ criminal records clearly has an adverse impact on applicants of color, since a higher percentage of them have a record. This article reviews how an employer has been able to justify its consideration of criminal convictions under Title VII. In addition, state statutes that limit employers’ consideration of a criminal record provide guidance for employers who are trying to establish a business necessity for their reliance on criminal records. Typically, courts look at the nature of the crime and its relationship to the …
Ensuring Enforceability & Fairness In The Arbitration Of Employment Disputes, Stacy A. Hickox
Ensuring Enforceability & Fairness In The Arbitration Of Employment Disputes, Stacy A. Hickox
Stacy A. Hickox
Private arbitration of employment law claims has become common in recent years. The Supreme Court has shown a strong preference for requiring that an employee pursue an employment claim through an arbitration program rather than seeking to enforce his or her rights in court. At the same time, legislation has been introduced to try to protect the rights of employees who, without an arbitration program in place, would have the opportunity to assert their statutory rights in court. This article explores what safeguards should be in place to assure that employers can rely on the enforceability of an arbitration program …