Davis V. the Board of County Commissioners of Dońa Ana County

Davis v. The Board of County Commissioners of Dońa Ana County

Kesha Cause

Business Employment Law-510

April 16, 2012

South University

Legal Issue

In the case of Davis v. Donã Ana County it is a case that involves whether a person that made a recommendation for an ex-coworker for another employer is deemed responsible for the actions of the employee that they referred to the position. The accused Mr. Joseph Herrera was employed by the Donã Ana County Detention Center for quite a while and during his tenure with the organization he was accused of allegedly sexually harassing female inmates under the supervision of Mr. Frank Steele. By Mr. Steele being the director of the Detention Center and Mr. Herrera working for him anyone would consider a recommendation from him to be accurate. What stands to be a very important piece of evidence in the case of the recommendation submitted on Herrera’s behalf, is the report that was drafted by Mr. Steele after he had been under investigation for allegedly sexually harassing some of the female inmates under his custody. In this report Mr. Steele gives his account of what the inmates who were involved in the sexual harassment incident had experienced while under Mr. Herrera supervision. He was accused initiating various sexual advances such as mentioning how he wanted to have relations with them, and also sometimes going so far as to receive sexual favors from him for doing his job. Not all of the accusations against Mr. Herrera could be confirmed, but his character was definitely in question by his current supervisor Mr. Steele and he also stated this in the report. His supervisor decided to implement disciplinary action and have a hearing against Herrera and also had him lowered in rank, suspended without pay and he was asked to give the job his resignation. After all of this Mr. Herrera went to his employer Mr. Steele asking for a letter of recommendation to apply for another job with another employer. The letter that Mr. Steele gave Mr. Herrera described him as being of great character and being and excellent employee for the job. Instead the letter was inaccurate and misleading to the next employer.

Donã Ana County Liable

The letter of recommendation that Mr. Steele wrote gave a misrepresentation of Mr. Herrera’s character. After all just