Was this a negligent hire?  Why or why not? If the employee came to work one day under the influence but no one noticed and the employee ran a hand truck into a customer causing injuries, was this a negligent hire?  Why or why not? Ignoring the information from Question B, how do you reconcile not hiring a recovering addict for safety concerns with this from the EEOC?  "Current illegal drug use is not protected, but recovering addicts are protected under the ADA."  According to the EEOC's manual, "Persons addicted to drugs, but who are no longer using drugs illegally and are receiving treatment for drug addiction or who have been rehabilitated successfully, are protected by the ADA from discrimination on the basis of past drug addiction."

Practical Management Science
6th Edition
ISBN:9781337406659
Author:WINSTON, Wayne L.
Publisher:WINSTON, Wayne L.
Chapter2: Introduction To Spreadsheet Modeling
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Assume the following hypothetical situation:

A company is being sued for negligent hiring.  They hired an employee who at the time of recruitment disclosed verbally and stated in writing about their prior drug addiction.  They have successfully completed a rehab program.

  1. Was this a negligent hire?  Why or why not?
  2. If the employee came to work one day under the influence but no one noticed and the employee ran a hand truck into a customer causing injuries, was this a negligent hire?  Why or why not?
  3. Ignoring the information from Question B, how do you reconcile not hiring a recovering addict for safety concerns with this from the EEOC?  "Current illegal drug use is not protected, but recovering addicts are protected under the ADA."  According to the EEOC's manual, "Persons addicted to drugs, but who are no longer using drugs illegally and are receiving treatment for drug addiction or who have been rehabilitated successfully, are protected by the ADA from discrimination on the basis of past drug addiction."
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