Institutions entrusted with the safety of children and vulnerable adults—such as schools, churches, youth organizations, healthcare facilities, and nursing homes—have a legal and moral duty to protect those in their care. One of the most basic and critical safeguards is conducting thorough background checks before hiring employees or accepting volunteers. When organizations fail to take this essential step, the consequences can be devastating.
At The Zalkin Law Firm, LLP, we represent survivors of sexual abuse and hold negligent institutions accountable. A recurring theme in many cases is the failure to conduct proper background checks, allowing individuals with known histories of misconduct or violence to gain access to vulnerable populations.
The Duty to Protect: What Institutions Are Required to Do
Under the legal doctrine of negligent hiring and negligent retention, organizations can be held liable if they fail to exercise reasonable care in selecting or supervising employees. This includes conducting background checks that would reveal past criminal convictions, prior allegations of misconduct, or other red flags.
Courts have repeatedly recognized that employers must take proactive steps to ensure that those placed in positions of authority or trust do not pose a foreseeable risk of harm. When an institution ignores this duty, it may be held civilly liable for the abuse that follows.
In many states, laws specifically require background checks for individuals working with children, the elderly, or disabled individuals. For example, public school systems governed by departments like the U.S. Department of Education often mandate screening processes for staff. Similarly, childcare providers and healthcare facilities must comply with state licensing requirements that include criminal history checks.
Failing to meet these standards is not merely an oversight—it can constitute actionable negligence.
How Background Check Failures Lead to Abuse
In numerous sexual abuse cases, investigations reveal that a perpetrator had a prior criminal record, prior allegations of misconduct, or troubling employment history. Sometimes:
- The organization skipped the background check entirely.
- The check was incomplete or outdated.
- Warning signs were discovered but ignored.
- References were never contacted.
- Gaps in employment history were not investigated.
In other instances, institutions relied solely on self-disclosure, taking applicants at their word without verifying their history. When an individual has a prior conviction for sexual misconduct or violence, and that information could have been discovered through reasonable screening, the organization may be directly liable for negligent hiring.
Even if there was no prior criminal conviction, patterns of complaints or previous terminations for inappropriate behavior can establish that the risk was foreseeable. Employers cannot simply turn a blind eye to red flags.
Negligent Hiring vs. Negligent Retention
It is important to distinguish between negligent hiring and negligent retention.
- Negligent Hiring occurs when an institution fails to properly screen an individual before employment or placement.
- Negligent Retention arises when the organization learns of misconduct—or should have learned of it—but continues to employ or supervise the individual without corrective action.
For example, if complaints of inappropriate touching or boundary violations are reported but dismissed without investigation, the institution may be liable for allowing further abuse to occur.
In both scenarios, the key legal question is foreseeability: Could the institution have reasonably anticipated the risk? If a proper background check would have revealed prior misconduct, the answer is often yes.
The Broader Impact of Institutional Negligence
Failure to conduct background checks does more than expose institutions to lawsuits—it perpetuates cycles of abuse. Perpetrators often move from one organization to another, particularly when prior employers fail to document or report misconduct. This practice, sometimes referred to as “passing the trash,” allows abusers to continue harming victims in new environments.
When institutions fail to implement basic safety measures, they betray the trust placed in them by families and communities. Civil lawsuits serve not only to compensate survivors but also to push organizations toward meaningful reform, including:
- Stronger hiring protocols
- Mandatory training programs
- Clear reporting procedures
- Independent investigations of complaints
- Ongoing supervision and monitoring
Holding institutions accountable can drive systemic change and prevent future harm.
Proving Liability in Background Check Cases
Establishing institutional liability requires a detailed investigation. An experienced sexual abuse attorney may examine:
- Hiring records and personnel files
- Internal communications
- Prior complaints or disciplinary actions
- Compliance with state and federal regulations
- Industry standards for screening and supervision
In some cases, expert testimony is used to demonstrate how the institution deviated from accepted practices. Even large organizations with established policies may be liable if they failed to enforce their own procedures.
Importantly, survivors can pursue civil claims regardless of whether the perpetrator was criminally convicted. Civil cases focus on whether the institution failed in its duty of care—not just on criminal guilt.
Survivors Have Legal Options
If you or a loved one was sexually abused by someone employed or affiliated with an institution, you may have grounds for a civil lawsuit. Compensation in these cases can include damages for medical expenses, therapy costs, lost income, pain and suffering, and emotional distress.
At The Zalkin Law Firm, LLP, we understand how difficult it is to come forward. Our legal team approaches every case with compassion, discretion, and determination. Institutions that fail to conduct proper background checks must be held accountable for the harm their negligence causes.
If you believe an institution’s failure to conduct a background check contributed to sexual abuse, contact us today for a free, confidential consultation. We are committed to standing with survivors and pursuing the accountability they deserve.
