Recommendations for Avoiding Negligent Hiring Liability

It is usually easy to claim negligence, or carelessness, with the advantage of perfect hindsight after an injury occurs. While nothing can guarantee that an employer will not be sued, or ultimately held liable, for negligent hiring, the following steps will minimize the potential exposure: Be Careful About Disclosure of Medical Information By Larry Feheley Most employers know that the Americans with Disabilities Act requires that information regarding employees' medical conditions must be maintained in separate files, and must be treated in a confidential manner. [42 U.S.C. 12112d(4)(c)]. A recent decision from the federal district court for the Northern District of Ohio underscores the dangers of even inadvertent disclosure of medical information. In Pollard v. City of Northwood, 2001 U.S. Dist. Lexis 4277 (N.D. Ohio 2001), a police officer went on medical leave for a psychological reason. A city administrator subsequently made comments about the officer's psychological condition, which were then published in a newspaper article. To make matters worse, the administrator remarked that he felt that the officer was "potentially dangerous," and that he did not feel that an officer who was taking anti-depressant medication should be carrying a gun. The court ruled that these facts were sufficient to allow the officer's claims for violation of the ADA and for defamation to be submitted to the jury. i.e. Being considered a safety risk and banned from place of employment without reasonable medical proof of the assumed risk, and other employees knowing about, and/or discussing protected information.