Negligent Hiring Processes
Employers have a legal duty to exercise due diligence in the hiring process, and that responsibility can be violated if an employer hires someone that they either knew or should have known in the exercise of reasonable care was unfit for a job. Even when an applicant discloses information regarding past convictions, employers can give good reason for denial of employment where the offense is job related. Companies today face many challenges as they seek to hire the right person for vacant positions in their organizations. Organizations depend on individuals to make these difficult hiring decisions. When hiring, some form of notification that a position exists is disseminated through out the masses. Applicants will begin to send in resumes and or applications for employer to review.
During this information gathering stage, employers are able to sift through the scores of applications. Usually, applicants are critiqued on a measure of the overall appearance of their resume and the qualifications to perform the vacant position. Those applicants meeting the criteria of the vacant position, coupled with a neat application document are then selected for an interview. The interview is the process in which the employer has a face-to-face meeting with the applicant to discuss in detail the position, and to interact to determine a job fit. The interview also allows the applicants an opportunity to ask questions and the employer likewise of the applicant. Once a viable candidate for the position has been selected, employers begin to validate the information on the resume by calling on references and performing background information.
Applications are screened to check for the correct amount of experience and education. During this phase, nondiscriminatory general information is gathered usually regarding the applicants' name, address, educational background, work experiences and other pertinent information. (Bennett-Alexander & Hartman,