Abstract
The threat of negligent hiring lawsuits is thought to play an important role in the widespread use of criminal background checks among US employers. This article examines the construction of negligent hiring within the trade literature of the human resources (HR) field using a qualitative content analysis. While courts tend to view criminal record checks as unnecessary for occupations that do not carry foreseeable risks, the article finds that the HR field has broadly endorsed criminal record checks as the default practice for screening job candidates. The article argues that this divergence stems from the structured uncertainty of compliance under the common law tort of negligent hiring, which shapes organizational behavior in ways that defy the substantive clarity of relevant case law.
Publisher
Cambridge University Press (CUP)
Subject
Law,General Social Sciences
Reference91 articles.
1. EMPLOYER (IR)RATIONALITY AND THE DEMISE OF EMPLOYMENT REFERENCES
2. Workforce. 2003. “Checking up on Current Staffers.” 82, no. 2: 56–57.
3. Improving Employment Prospects for Former Prison Inmates: Challenges and Policy
4. Digging Deeper.;Heller;Workforce Management,2008
5. SHRM (Society for Human Resource Management). 2012. “The Use of Background Checks in Hiring Decisions.” https://www.shrm.org/hr-today/trends-and-forecasting/research-and-surveys/pages/criminalbackgroundcheck.aspx.
Cited by
6 articles.
订阅此论文施引文献
订阅此论文施引文献,注册后可以免费订阅5篇论文的施引文献,订阅后可以查看论文全部施引文献