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DAVIS v. THE BOARD OF COUNTY COMMISSIONERS OF DONA ANA COUNTY
Brian Sobason 11 June 2010
Transcript of DAVIS v. THE BOARD OF COUNTY COMMISSIONERS OF DONA ANA COUNTY
about former employees should not do so in a selective and misleading manner.
What was the Court’s analysis/rationalization? First, employers owe a duty of care to third parties as well as the prospective employer to whom the recommendation is given. Second, every person has a duty to exercise ordinary care for the safety of others.
See Randi W., 929 P.2d 582.
Third, the assault and battery was tied specifically to the hiring of Mr. Herrara. The crime was not a remote or unrelated incident. Fourth, Mr. Steele and Mr. Mochen willfully misrepresented Mr. Herrara’s service record. They owed any individual that Mr. Herrara worked with a truthful response or
a no comment response on a reference.
Was the ruling correct, just, and fair? Why you think so? The ruling was correct. The misleading references led
Mesilla Valley Hospital to believe that Mr. Herrara was a qualified candidate
with solid credentials. The sexual abuse and sexual harassment were tied directly to the candidate
and his behavior before being hired. None of which was mentioned when the references were contacted. The Dona Ana County Detention Center owed the third party individuals a truthful response or a no comment on the reference. Is this case in harmony with Christian values and ethics? Give Biblical references to support your answer. This case’s ruling used Christian values and ethics to come to a conclusion. The first reference that comes to mind encourages individuals not to lie, “You shall not give testimony against your neighbor” (Exodus 20:16). Second, “Do unto others as you would have them do unto you." (Matthew 7:12).