Should organizations be held liable by the justice system for hiring unfit employees?       

Asked on by hero88

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thanatassa | College Teacher | (Level 1) Distinguished Educator

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The central concept of whether corporations should be liable for the acts of their employees is extremely complicated and revolves around the concept of due diligence and compliance with regulatory frameworks. For example, schools have a legal responsibility to do criminal background checks of all people who will come into contact with children. A school which hired a convicted pedophile would definitely be at fault. Similarly, if students complained about inappropriate sexual behavior, the school would have a responsibility to investigate and involve the police. A corporation is also responsible for putting in place procedures for discovering malfeasance before it has significant negative effects or continues for extended periods. On the other hand, if any business hired a person who passed criminal background checks, and then, with no warning at all, "went postal", and there was no reasonable way for the company to have been able to predict it, then the company should not be responsible.

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