An employment expert witness analyzes applicants’ demographic data to determine racial discrimination. This labor relations case involves an African American job applicant who alleges that a computer company and the businesses it hired to find suitable employees had a blanket policy to deny employment to applicants with criminal records. This practice of conducting background checks and the policy of non-referral adversely affected minority applicants, he asserts. The company consistently failed to refer minority applicants for positions for which they were qualified.

The plaintiff applied to the employment agencies contracted by the computer company. A criminal background check later revealed that the applicant had been convicted of driving violations, theft and assault and that he had lied on his job applications by denying any criminal record. One of the hiring companies referred the applicant for the job, the other did not. He was not interviewed or hired.

A careful review of applicants’ demographic data from the employment agency covering several years indicated that African American applicants were half as likely as similarly-situated white applicants to be recommended for employment. The analysis reflected a significant pattern of racial discrimination among African American applicants. This data supports the plaintiff’s claim that the criminal background check had a disparate impact on minority applicants.

What data supports the plaintiff’s discrimination and disparate impact claims?

Employment expert witness discusses racial discrimination during hiring process

Defendant real estate management company entered into an agreement with plaintiffs to manage their rental property. The defendants rented the plaintiff’s house to a couple after obtaining a credit report and background check. The management company did not disclose to the plaintiffs that the tenants had significant negative financial problems, including tax liens, late payment history and that their prior residence was sold on a short sale. Plaintiffs also allege that the defendants knew of one of the tenant’s criminal record and that their claimed employment and income could not be verified.

Not long after moving in, the tenants reported moisture leaks and mold problems. In the midst of repairs, the management company terminated the management contract. The tenants stopped paying rent.

The plaintiffs sued for breach of contract, breach of fiduciary duty, negligence, and non-disclosure.

Defendant had a fiduciary duty to the plaintiffs to advocate for them by providing them all relevant information on which to base an informed decision regarding their property. It is normal and customary in the property management industry for the manager to disclose to the owner any adverse material facts known to the manager about the tenant prior to entering into a lease. The information revealed in the tenant screening reports would, in my experience, eliminate them from consideration for most landlords. Their incomplete responses and lack of honesty on the applications is something any landlord would want to know. Failure to disclose this information to the plaintiffs prior to entering into the lease was a breach of defendant's fiduciary duty and a breach of the management contract. Further, the fact that the defendants had this adverse information and chose, not only to conceal it, but to state that the applicants “are worth keeping” is disturbing. Landlords rely on their managers to be their eyes and ears and to advise them of things they need to be concerned about. If the tenants’ screening information was not a concern to the defendants, then I would question their competency to engage in property management. If it did concern them, then they should have disclosed it. It is normal and customary in the property management industry for the manager to verify, to the extent possible, the information provided on the rental application. At a minimum, this verification includes verifying income and employment, because if that applicant has no job and no income stream, it is unlikely that anyone will rent to them. Failure to verify income and employment would fall below the standard of exercising reasonable skill and care for the plaintiffs. Defendant’s failure to do so constitutes negligence. Real estate brokers are not permitted to write leases, unless they are also attorneys. There is no Commission-approved lease form, so preparation of the lease contract by the defendant constitutes the unlicensed practice of law. This conduct falls below the standard of exercising ordinary skill and care for the plaintiffs, and was negligent. The expert has been a licensed real estate practitioner and realtor for more than 50 years.

1.) Was the defendant’s conduct a breach of the standard of care? 2.) Did it breach the management contract?

Real Estate Management Company Rented to Tenants Who Had no Money, Property Owner Claims

This case takes place in Maine and involves the shooting of a man during a robbery. Prior to the shooting, the man had hired a security company to provide an armed guard for an apartment complex that he owned. The security company made representations that they performed background checks on all of their guards and employees. The company provided the man with a guard for his building, but, after a few months, the guard and another accomplice robbed the complex. During the robbery the guard shot the man who had originally hired him. Following the shooting, it was discovered that the security company didn’t perform the advertised background check, and in fact the guard had a violent criminal history.

We utilize a dual-database system whereby we check the background of an applicant with one database, and will conduct a second review with the second database if any information from the first is suspicious or questionable. If the results from the second review indicate a questionable background, we may follow-up with the court of record where the violation/incident occurred. Because of the nature of our industry, as well as the trust placed on us by our clients, we maintain a very selective hiring process that reviews each candidate to ensure the level of quality is present in each security staff member we utilize for every client. The line is usually drawn at crimes of violence, crimes involving theft, drugs/narcotics, sexual/indecent exposure, and any incident involving a child. If a candidate has an underage drinking violation, for example, we will consider that along with other factors (education, military service, prior experience, etc) before making the decision to automaticly disqualify the candidate. But for professional and insurance purposes, we maintain a level of consistency for the safety of our clients and our company.

1. Do you work at a private security company? If so, do you preform background checks? 2. How do you preform an adequate background check? 3. How do you decide who is employable and who is not following a background check?

Location: Philadelphia B.S., Organizational Management, Eastern University M.S., Information Systems Security Management, Villanova University M.S., Criminal Justice, Boston University Certified, Act 120 Police Officer Certification: Commonwealth of Pennsylvania Certified, Instructor Commonwealth of Pennsylvania Municipal Police Officers' Education and Training Commission Certified, CISSP Advanced Security Management Member, American Society of Industrial Security (ASIS) Member, Homeland Protection Professional International Member, Pennsylvania Association of Arson Investigators Former A****** P******** - A************* o* J************* S****** D********* Former P***** O****** - K* U*** D******* C***** P***** Former P***** O****** -* U******** P***** M***** T******* P***** D********* Former S**** T****** P***** P*********** Current P************ a* a p****** s******* c******

Northeast

Maine

This highly qualified former police officer holds a masters degree in both criminal justice and information systems security systems management. During his time in active police service he spent time on both the K-9 and uniformed units in densely populated precincts. He is a member of several professional organizations including the American Society of Industrial Security, the International Association of Emergency Managers and the Fraternal Order of Police. He is currently the president of a private security company which brings a combined 70 years of law enforcement and private security experience and training to the Philadelphia-region. His company provides a broad range of services, from executive and high-net work individual/family protection to private investigations to property protection and concierge security.

Private Security Guard Robs, Shoots Employer

This case takes place in Kansas and involves a registered nurse who had been placed in multiple jobs through a temporary staffing agency despite a record of negligent and dangerous conduct. The nurse had worked for a number of hospitals and outpatient medical facilities over the course of several years, during which time the staffing agency received multiple complaints about her behavior. During her time with the staffing agency, the nurse was employed at a major university medical center, which fired her after discovering that she had stolen oxycodone and syringes of another opioid pain killer. While the staffing agency was made aware of this incident, it continued to work with the nurse, and placed her in a new position with the Defendant facility. It was during her employment at this facility that the nurse tested positive for a bloodborne viral disease. While she was employed by the Defendant facility, the nurse’s drug-seeking behavior, combined with her positive status for a viral infection, led to several patients becoming infected by the same disease due to the patient’s negligent handling of needles. It is alleged that the Defendant facility was aware of the nurse’s history of drug abuse and negligence but continued to employ her, directly leading to the infection of multiple patients.

I have managed multiple human service and health care facilities where nursing staffing requirements were met through the use of a staffing agency. The facility retains the responsibility for the quality of care provided to patients by facility employees and agency nurses. Additionally, the facility must confirm that each temporary employee has valid and appropriate licensing, positive references, a lack of professional sanctions, and a clean criminal background check. It appears the hiring facility was negligent in the employee screening and selection process. Furthermore, it appears that the facility failed to provided the necessary level of supervision such that unsafe nursing procedures were illuminated, failed to have in place a risk management system designed to bring unsafe nursing practices to the attention of professional nursing staff, and failed in a number of areas directly related to patient safety and the standard of good care. The individual and organizational failures that allowed the transmission of a disease(s) to unsuspecting individuals were so egregious as to constitute individual and organizational neglect and malpractice.

1. Do you or have you outsourced your staff recruiting to an agency? 2. Does a hospital have the responsibility to make sure that the hires are qualified with no criminal background?

Based in Kansas B.S.E., Arkansas State University M.S.E., Arkansas State University Ph.D., Psychology/Special Education, St. Louis University Member, American Association on Intellectual & Developmental Health Former D******* o* S****** E******** M******* D********* o* M***** H***** Former D******* S********** R******* C***** (***** Former D******* H******* R******* C***** (***** Former A******** P******** o* S****** E******** A******* S**** U********* Former C** o** a p******** n****** a** p********** c*** f******* Former A************ o* a m**** c******* a***** h******* Current P******** M********* a* m**** m********* u*********

Midwest

Kansas

This highly qualified expert earned his BSE and MSE from Arkansas State University. He went on to earn his PhD in Psychology and Special Education from St. Louis University and is a current member of the American Association in Intellectual & Developmental Health. Throughout his career he has served as director of numerous mental health inpatient facilities and hospitals, and has taught Special Education at the university level.

Hospital Hires Temporary Nurse With Criminal Record

This case involves a supportive housing resident in Philadelphia, Pennsylvania who stabbed and killed another resident. The facility in question was owned by a private company that allegedly failed to employee industry standard practices for vetting and screening prospective residents. The attacker in this case had a long criminal history with a number of violent crimes, in addition to drug use and moving violations. After the man was admitted to the facility, staff allegedly failed to take any precautions to prevent the man from injuring other residents. On one occasion, the man assaulted a social worker, as well as multiple other residents of the facility, with a knife he had hidden on his person. Though none of the victims were fatally injured, a number of them sustained serious injuries that required extended hospital stays.

I have extensive experience working in supportive housing. I currently am the Executive Director for a 100 unit supportive housing facility in a major east coast city. I do have knowledge of the proper steps and protocols that should be followed to adequately background check residents, but it is not as straight forward as it may seem. The majority of the country's, supportive housing is run on a "housing first model" meaning that although background checks are done before admitting someone to a facility, people are generally given housing before requesting that programs be put in place to help individuals with any mental issues or past violence issues. Its hard to put people in these programs after you have secured them a place to live, and it's likely the residents who need these programs will not partake. This is the majority of the country. My facility has very strict policies and we would have not allowed someone with a long criminal history to access the facility without having them attend a program or seeking help first.

1. Do you have extensive experience working in supportive housing? 2. Do you have knowledge of the proper steps and protocols that should be followed to adequately background check residents? 3. Would you allow someone with a long criminal history access to facility?

Location: IL BS, Marketing, University of Illinois at Chicago MS Certificate, Community Planning & Development, and Non Profit Management, University of Illinois at Chicago Certified, Executive Director of Community Housing Development Organizations, United States Department of Housing and Urban Development Certified, Occupancy Specialist, National Center for Housing Management Certified, Asset Manager, The Consortium for Housing and Asset Management Lisenced, Real Estate Broker, State of Illinois Member, Supportive Housing Association of IL Member, Chicago Rehab Network Member, Bronzeville Retail Corridor Initiative (BRI) Former L** L***** E******** D****** o* C****** Current V*** P******** a C****** n********* a********* h****** t**** i* I* Current E******** D******* a* 1** u*** s********* h****** f******* i* C****** I*

Pennsylvania

This expert has worked in supportive housing for over 20 years. She is a certified Executive Director of Community Housing Development Organizations through the United States Department of Housing and Urban Development. She is currently the Executive Director at a supportive housing facility in Chicago with 101 units. She is also the Vice President of a Chicago affordable housing trust.

Supportive Housing Resident Assaults Social Worker, Multiple Other Residents

This case involves a former youth basketball coach who was hired by the defendant municipality to coach their intramural sports programs. Unbeknownst to the defendants, the coach had previously been fired and banned from an adjacent school district for molesting children, after which he had been recommended to a sex therapist who he never contacted. The defendant municipality did not conduct a thorough background check before hiring this individual. The plaintiff joined one of these teams, and over time he was sexually assaulted, abused, and molested. It was alleged that the municipality failed to perform basic diligence during the hiring of this coach, including a criminal background check, which would have revealed his prior convictions for sexual assault.

I have been supervising youth sports programs for thirty years, from coaching and running camps to head coaching positions in all age brackets. I have sat on the boards of leagues and have been in charge of several major camp programs. I have run programs for community organizations as an independent contractor for centers like the Alpert Jewish Community Center, The City of Rolling Hills Parks and Recreation, and other similar community groups with summer programs. In my years as a camp director, head coach, and supervisor in charge of staffing at most of the programs that I ran, it was always my first responsibility to screen coaching candidates. The next step would be to run a series of background checks on potential employees. I can say that at every camp or event that I ran as a contractor, I was required to submit a background check authorization with every employee's application. The applications varied, but all ran finger prints and checks with the Department of Justice. Most conducted a Megan's Law search of the employee to determine if there had been any sexual misconduct. The practice of screening my own coaches was always the first thing I would do before hiring and running a camp either as a contractor, or on my own. A failure to do a background check can leave the client exposed to potential unknown dangers and as a business practice will protect the reputation of the camp or team organization.

1. Please briefly describe your experience supervising youth sports programs, specifically under the auspices of a municipal or public program. 2. Can you speak to the proper background checking and diligence efforts that must be conducted when hiring new personnel to coach and spend many hours with children every day?

Location: CA B.A., Western New England College Certified, ROP Certified, SDAIE levels 1,2, and 3 Former H*** C**** A** A******* B******* A****** Former I****** C**** E***** C****** o* F****** Former A******** S**** C********* R*** Former D******* L*** B**** S**** B******* S******* C*** Former B**** a** H****** C**** L*** B**** B******* Former D******* a** C**** F***** S***** C**** Current F****** a** P********* o* a m**** b******* t******* c***

This highly qualified baseball professional has over 25 years of baseball experience. He has been the head coach at the All American Baseball Academy, as well as a college infield coach at Eckerd College in Florida. He also has major league experience as an associate scout for the Cincinnati Reds and was a coach for the Long Beach Breakers. He currently owns and operates a private baseball training camp where he shares his considerable experience with a new generation of baseball players.

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Background Check Expert Witness Case Studies

Employment expert witness discusses racial discrimination during hiring process

Real Estate Management Company Rented to Tenants Who Had no Money, Property Owner Claims

Private Security Guard Robs, Shoots Employer

Hospital Hires Temporary Nurse With Criminal Record

Supportive Housing Resident Assaults Social Worker, Multiple Other Residents

High School Basketball Coach Hired Despite History of Sexual Misconduct

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