What level of care must an employer in the public or private sector take in determining whether a candidate might be harmful to others, either physically or psychologically?
You have to take the care a reasonable person would take in that particular situation. Much depends on the facts of the individual case. If an employer interviews a person who has a criminal background of abuse or violence, you are certainly not going to be allowing that person into a child care or a senior care situation where people are vulnerable and unable to protect themselves. With the same reasoning, if you hire someone in an office setting, where there are other protections in place, that issue may not be as significant. The key here is to have a policy that outlines how an employer reviews applications and evaluates potential volunteers and job applicants. If you consistently apply those policies, even if someone slips through and there is a claim, you have an available defense of liability.
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