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Basic fact pattern applicable to all questions:

You are the human resources manager at a large law firm. You have been asked to hire a receptionist. The essential functions of this position are: (1) redirecting telephone and written correspondence; (2) greeting clients and other visitors; and (3) performing assorted office tasks, such as copying, faxing, and drafting letters and emails. You have an immediate supervisor – an office manager – but you will be making the hiring decision and managing the receptionist. You initially have five applicants, and you ultimately hire a female applicant.

You are aware that the receptionist will have immediate contact with clients, some of whom are angry and combative. The receptionist also has access to some sensitive information (client secrets and privileged information) and firm financial information (bank statements and a petty cash drawer and ledger).


Most of the former employers you contacted for references declined to give any specific information.

  • One former employer, however, claims that one of the applicants (a black female) was incapable of giving oral presentations to a group of coworkers. The reference also stated that the applicant likely stole money from the company, but cannot verify that with evidence. You rely upon that information to eliminate that applicant.
  • Another employer claims that another applicant (a white female) seemed to have a short temper, and rumors around the office indicated she had a violent past with ex-boyfriends. You ignore that information and retain that candidate.

What legal issues are presented? Do you face potential legal liability? Do any of the references face potential legal liability?


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