#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. Businesses that fail to adequately vet employees or hire someone who has a history of violent behavior or dangerous behaviour are placing their customers and other employees at risk.
#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. Some may contend that being attractive can make a job more appealing, as in the case of the entertainment sector. Employers should be able to hire based on these criteria. 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.
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