Discussion Questions 1 & 2

DQ 1: Employer Liability for Negligent Hiring

Read Malorney v. B&L Motor Freight, Inc. in Section 21.2 of your textbook. Discuss what duty or duties a business has with regard to checking the background of potential employees before hiring.  Do you agree that businesses should be liable for injuries resulting from negligent hiring? Why, or why not?

DQ 2: Discrimination 

Not all discrimination is prohibited by law. For example, employers routinely discriminate between potential employees based upon education or experience. Other types of discrimination are more subtle, but still legal. For example, some employers discriminate between potential employees based upon personal characteristics such as weight or attractiveness. Should employers be permitted to discriminate based upon attractiveness? Take a side and argue that an employer should or should not be permitted by law to discriminate against persons who are not attractive.