#1 In the case of Malorney v. B&L Motor Freight, Inc., the court found that the employer had a duty to exercise reasonable care in the hiring process, including checking the background of potential employees. The background check should include checking any criminal records or information that could make an individual ineligible for the job. Because it is the responsibility of businesses to make sure their employees are safe, I believe that negligent hiring should result in injuries. Employers and their customers are at greatest risk if they fail to vet prospective employees thoroughly and employ someone with a criminal or violent past.
#2. Whether employers are allowed to discriminate on the basis of attractiveness is complex. One, it’s unfair to compare someone’s physical appearance to their job performance. However, there are some who argue that the attractiveness of certain occupations, like those in entertainment, can play a significant role in hiring. Employers should not allow discrimination based upon attractiveness. It isn’t a factor that affects job performance, and can cause bias and discrimination in the workplace.