When someone is raped by an employee who has a known history of sexual violence, the employer may share legal responsibility. Companies have a duty to make reasonable hiring decisions and protect others from foreseeable harm. Our Savannah, GA rape victim lawyer knows that if a business hires someone who was previously accused or convicted of sexual assault and that person commits another offense on the job, the company may be held accountable through a civil lawsuit.
We’ve seen situations where employers overlook red flags during the hiring process or fail to act on warning signs after the employee is hired. This can include skipping background checks, ignoring prior complaints, or placing the employee in a position that gives them access to vulnerable individuals. When those decisions lead to someone getting hurt, legal action may be appropriate. When you are hesitant to work with a legal team, know that we are ready to advocate for you. We advance all expenses so you don’t have to worry about the cost.
What Is Negligent Hiring?
Negligent hiring refers to a company’s failure to check whether a job applicant poses a risk to others. If the employer knew—or should have known—that the person they hired had a history of violence or sexual misconduct, and someone is harmed as a result, they may be legally liable.
A few examples of negligent hiring include:
- Hiring someone with a prior conviction for sexual assault without checking their record
- Overlooking documented complaints from former employers or references
- Failing to verify employment history, especially in roles involving contact with vulnerable populations
- Hiring someone with known behavior problems into a role involving unsupervised contact with customers, clients, or residents
Employers are not automatically responsible for all actions taken by their employees. But when they fail to take reasonable precautions during the hiring process—or knowingly ignore risks—they can be held accountable.
Negligent Retention
Even if the person’s past wasn’t known at the time of hiring, the company may still be liable if it continued to employ someone after learning about dangerous behavior. This is known as negligent retention. For example, if a coworker or customer reported that an employee acted in a sexually threatening or inappropriate way, and the company took no action, they may be responsible if that employee later commits a more serious offense.
Employers have a duty to act when there are warning signs. That means investigating reports, suspending the employee if necessary, and removing them from situations where others could be harmed.
Legal Action After A Sexual Assault
If you were raped by someone who was on the job or had access to you through their employer, you may have the right to sue both the individual and the company. Civil claims can help cover costs related to medical care, therapy, lost income, and emotional suffering. They also send a message that ignoring safety risks has consequences.
At Deitch + Rogers, we represent survivors in civil cases where companies failed to take proper steps to protect others. We solely represent those who are the victims of rape, so do not hesitate to call us today. If you believe a business hired or retained someone they knew posed a threat—and that person harmed you—we’re here to talk. Contact us for a confidential consultation to learn what legal options may be available.