workers from suing for on-the-
Nevertheless, businesses have a moral as well as a legal
responsibility to provide safe working conditions for their employers.
This complicates the hiring process, because asking some questions of an
individual regarding mental health may violate the Americans with
Disabilities Act. Former employers may tell much for fear of being sued
for slander. But then if a business hires someone they knew or should have
known to be violent, then they might be sued by victims after a violent
episode (Atkinson, 2000). It is not an easy task to balance the rights of
the prospective employee and the interests of the business entity.
Employers cannot foresee all problems under all circumstances, but they are
expected to practice reasonably good caution. They need to be fully
knowledgeable about the issues involved with hiring and mental health, and
to get advice when needed from a lawyer familiar with workplace law.
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