Davis V. the Board of County Commissioners of Doña Ana County 1

In: Business and Management

Submitted By pennywellwd
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Davis v. The Board of County Commissioners of Doña Ana County
Wanda Pennywell
Professor Jama Rand
HRM 510
July 16, 2011

Abstract In this paper I will discuss the case of Davis v. the Board of County Commissioners of Doña Ana County. In this case Joseph Herrera an employee at the detention center was accused of sexually harassing the female inmates. Herrera’s supervisor at MVH where he was employed, advise Herrera that they will taking actions to discipline him due to the complaints and Herrera resigns. Herrera asks his employers to give him a letter of recommendation for an employer he was applying for and the supervisors give him an outstanding recommendation. His supervisors neglect to tell the prospective employer that at the time of his employment he was under investigation for sexual harassment. Because they did not disclose that information they employed Herrera and he repeated his actions.

1. What was the legal issue in this case? The legal issue in this case is whether or not the Doña Ana County Detention Center was responsible for the actions of Joseph Herrera. While working for the Doña Ana County Detention Center, Herrera was under investigation for sexually harassing various females in the detention center. The sexual harassment claims involved sexual statements and comments, requesting to have sexual relations with the inmates and in some cases receiving sex from the inmates in return for assisting them with various different things. The legal issue is did the Doña Ana County Detention Center become responsible when Herrera was hired by MVH, based in part on their promising letter of recommendation? Was Doña Ana County Detention Center required to disclose the fact that Herrera was under investigation for sexual harassment? (Walsh 2010) 2. Why does the court conclude that Doña Ana County could be held liable for negligent…...

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