Davis V. The Board of Term Paper

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The teacher was given a good reference, was hired again on the basis of that reference and committed another sexual assault, a situation that mirrors that of Davis. In that case, there were no evidentiary hearings for the teacher, meaning that technically the sexual assault allegations were hearsay (McCord, 1999). In the Davis case, Herrera had resigned before the hearing could take place.

Thus, it is difficult to determine whether negligent referral occurred here. Mr. Steele had not proven in an evidentiary hearing that sexual assaults had taken place, nor had Mr. Herrera been convicted in a court of law. For his part, Herrera had denied the allegations. Had Mr. Steele relayed those allegations to a prospective employer, he may have exposed the County to a defamation suit from Mr. Herrera since no allegation against Herrera had actually been proven.

Decision Hold and Court's Claim

The Appeals Court reversed the lower court's decision. The court's claim is that "the plaintiff's allegations of negligent misrepresentation against Steele and Mochen state a viable claim for relief against the County. What this means is that the court sided with the plaintiff in this case. Steele owed a duty of care to Mesilla Valley Hospital to provide them with accurate information about Herrera.

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The glowing review that they provided in writing was not an accurate reflection of Mr. Herrera's employment with the Country. Therefore, they breached their duty of care.

Conclusion

The Davis case illustrates an important lesson for human resources departments. References are an important part of the human resources system, but many companies avoid giving out references, specifically for this reason. There are many different forms of negligent referral, so any referral that is given must accurately reflect the person's employment. In this case, because the allegations regarding Herrera were not proven, Steele would have been better off to either refuse to give a recommendation at all on policy grounds, or state that Herrera was scheduled for a disciplinary hearing at the time in which he resigned -- without specifying what the hearing was for, thus not repeating the hearsay. Most companies, however, would have to consider setting out a policy not to give recommendations at all, in order to minimize the risk of negligent referral suits that they may face......

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