Rest & Rehab, Inc. operates a chain of residential care facilities. Many of the residents have severe dementia and require significant assistance with daily living activities. As the newly appointed Human Resource director, you’ve learned that Rest & Rehab has never asked applicants or newly hired employees about prior arrests or convictions because it believes that gathering that information could be unlawful. Nor does it ask for references because it’s confident about its ability to evaluate candidates for employment. The CEO asks you for your opinion about these practices.
In light of the course reading and using the IRAC format,
- Identify and describe the liability issues that could arise out of Rest & Rehab’s current practices.
- Second, identify and describe the rule or test the courts use to analyze such issues. To receive points for this part of the question, you must reference a case in the course reading in which the rule/test was applied. Be sure to identify the case by its full name and give the page on which it appears in the course reading.
- Third, discuss how the court applied the rule to the salient or most important facts in that case (the court’s analysis.)
- Finally, analyze our fact pattern, i.e., apply the rule to our fact pattern and describe the conclusion that you anticipate a court would reach based on the law and our facts.
- If additional information would be helpful to your analysis, explain how and why it would impact the analysis.
- What changes would you recommend to the CEO to conform Rest & Rehab’s practices to the law that you discussed above?
