Blog

 
     

Hotels Charged in Cases Involving High-Level Offender Who Was Not Subjected to a Background Check

By Michael Klazema on 5/30/2013

Civil complaints for failing to perform a background check on a night manager have been filed in the Maricopa County Superior Court against two Mesa AZ hotels. The night manager in question is a Level 3 offender who was convicted of aggravated criminal sexual abuse in 1996.

Because a background check was apparently not run on this individual before hiring, his criminal background only came out in connection with two incidents of alleged rape at the hotels where he worked. The first incident occurred at the Best Western Superstition Springs Inn in 2011, and the second occurred at the Marriot Fairfield Inn & Suites in 2012. In both cases, the alleged victims claimed that the night manager used a master key to enter their rooms late at night and then raped them in their beds.

While the franchise owner of the Best Western could not be reached for comment, a representative of the company that runs the Marriot franchise location admitted that he normally does not run background checks on individuals applying for the job of front desk clerk.

Considering that hotel clerks have access to master keys and could easily enter guests’ rooms for criminal purposes, it seems a little strange that these hotels would not opt to use a background check to help protect their guests from theft, rape, or other potential criminal acts on the part of an untrustworthy night manager. Pre-employment background checks are fast and easy when employers use services like US OneSEARCH from backgroundchecks.com. US OneSEARCH enables an employer to check a database consisting of over 450 million records collected from state and county databases all across the country for references to the prospective employee in question. Most importantly in this case, US OneSEARCH automatically includes a search of Offender Registries. Because the night manager was registered on the US Department of Justice National Offender Registry, a background check with US OneSEARCH would have certainly revealed his criminal past.

Level 3 offenders are considered highly likely to re-offend, meaning that it would probably not be wise to hire them for sensitive positions like hotel clerks. In this case, the decision not to run a background check on the night manager seems to have given him the opportunity to allegedly commit two crimes.

The night manager has not been charged with any crimes in relation to the two alleged rapes, due to lack of probable cause according to local police. The 2011 case fizzled out because the alleged victim, who was homeless at the time and temporarily living in the hotel, could not be located to provide a DNA sample. Without her sample, the lab apparently could not finish processing the evidence in the case.

The 2012 case also did not result in any charges. Though the night manager admitted entering the woman’s room, he claimed that her door was ajar and he went in to check on her. However, security footage of the hallway that night showed him using a master key to enter the room. The physical evidence in the case proved inconclusive.

The fact that the alleged victims were not able to take the night manager to court in a criminal trial was cited as the reasoning for filing the civil complaints against the hotel chains by attorney Brigham Cluff. The hope is to prove that the hotels failed in their duty to protect guests by hiring a known offender, and obtain money for damages.

About backgroundchecks.com

Founded during the Internet boom in 1999 by an executive in both the staffing and information industry, backgroundchecks.com – a founding member of the National Association of Professional Background Screeners (NAPBS®) – has been able to create a service that provides a blend of flexible screening programs that included instant, cost effective and comprehensive solutions. Our experience in database modeling of public records information has led Backgroundchecks.com to become the leader in the acquisition and delivery of public records information by harnessing the power and technology of the Internet. To learn more visit www.backgroundchecks.com.

Source: http://www.azcentral.com/community/mesa/articles/20130423mesa-hotel-sex-assaults-lawsuit.html?nclick_check=1

Author:


Tag Cloud
Categories
Recent Posts

Latest News

  • June 20 Repeat background checks are becoming more common, with companies in India leading the charge. What does this trend look like, and how can employers embrace it now to stay ahead of the curve?
  • June 19

    Every federal job involves a background check of some kind. These background checks and how they are evaluated vary based on job, department, and security clearance level.


  • June 18

  • June 14 Ban the box laws aim to improve opportunities for employment. Could they have the opposite effect instead?
  • June 13 Jacobs Petroleum Products is a regional petroleum company that operates throughout Pennsylvania, West Virginia, Ohio, and Maryland. Apart from their employees carrying much responsibility and have frequent contact with customers, the company’s hiring also tends to be segmented since individual store managers are responsible for hiring talent for their own stores. In this employment landscape, Jacobs Petroleum Products needed a reliable and effective way to screen its new hires for criminal infractions and other red flags.
  • June 12

    The University of Wisconsin System may tweak its hiring and reference check processes. The potential changes come after one of UW’s assistant deans was accused of sexual harassment.


  • June 07 Stories of abuse by coaches in youth sports leagues continue to crop up around the country, but rules and guidelines remain patchy and enforcement is often lacking. The struggle to implement an effective system continues nationwide.
  • June 07 Financial background checks, usually referred to as credit history checks, can be an effective way to find out if a candidate is fit to handle accounts, financial data, and other assets at your business.
  • June 06 The Society for Human Resource Management and the Charles Koch Institute recently commissioned a survey to find out how willing employers were to hire people with criminal records. The study indicates that managers, HR professionals, and employees themselves are becoming more comfortable with the idea of hiring and working with ex-offenders.
  • June 04 Are fingerprint background checks the gold standard for employee screening, or are they overhyped? We look at some of the myths and misconceptions surrounding these checks.