Labor/Employment,
California Supreme Court
Mar. 13, 2012
State justices impose protective duty of care on school districts
A recent state Supreme Court decision requires schools to be diligent in their hiring.
Christian A. Carrillo
On Thursday, the state Supreme Court held that a school district may be held vicariously liable for its administrative personnel who negligently hire, retain, and supervise an employee who sexually harasses and abuses a student. C.A. v. William S. Hart Union High School District, 2012 DJDAR 3131. This decision imposes on school personnel a "protective duty of ordinary care" owed to students, and a breach of that duty, if proven, establishes liability for the school district.
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