Every employer carries around a considerable burden when they hire. That burden is the duty to exercise reasonable care for the safety of others. The legal description of the duty of care is called “due diligence.” The employer’s duty to exercise due diligence means the employer must consider if a potential new employee represents a risk to others in view of the nature of the job.
In the past year, alleged assaults on passengers by Uber drivers in San Francisco, Chicago, Boston, and other cities have called into question whether Uber’s employment screening procedures are keeping their customers safe. As allegations of driver misconduct mount, a growing consensus has emerged: Private background checks are not good enough. Uber, like most companies, currently screens job applicants using background checks run by private consumer reporting agencies (CRAs). These checks are compiled through manual searches of local court records.