To hire or not to hire, that is the questionA major task that is affecting employers today is identifying a sufficient number of qualified candidates. Many employers are facing a lack of growth in qualified candidates to meet the demands of available jobs. Conducting a background check on a potential employee has become an increasingly common procedure to conduct during the hiring process. Unfortunately, a situation has arisen where a potential barrier has been erected that may prevent the hiring of qualified candidates. However, it is increasingly common for many qualified applicants to have criminal records. In some cases, some may have committed a serious crime, while others may have only committed a minor crime. It is up to the employer to decide whether or not to hire someone with a criminal record. An employer must comply with Title VII guidelines, established by the Equal Employment Opportunity Commission, that “employers shall not use policies or practices that select individuals based on criminal history information if… Not help the employer to decide accurately whether the person is likely to be a responsible, reliable or safe employee” (Pre-Employment Investigations and Arrest and Conviction). someone with a criminal record or not by answering the following: negligent hiring, did they know or should have known? and negligent hiring. Negligent hiring "occurs when an employer is responsible for the wrongful conduct of any. employee and the third party has filed a claim against the employer" (Odewahn, C., & Webb, D). The act of filing such a claim is a reflection on... half of the document... I, counterclaimants -defendants, against ANGELA PETTIGREW, counter-appellant/plaintiff..No. 49A02-0509-CV-849. (July 25, 2006). [Online] Retrieved from http://www.lexisnexis.com/us/lnacademicOdewahn, C., & Webb, D. (1989). Negligent hiring and discrimination: the employer's dilemma? Employment Law Journal, 40(11), 705. Pre-employment and arrest and conviction claims. (n.d.). Pre-employment and arrest and conviction requests. Retrieved February 23, 2014, from http://www.eeoc.gov/laws/practices/inquiries_arrest_conviction.cfmReagan v. Dunaway Timber Co., No. 3:10-cv-03016 (WD Ark. Nov. 16, 2011) . [Online] Retrieved from http://www.lexisnexis.com/us/lnacademicHirsh, C., & Kornrich, S. (2008). The context of discrimination: Working conditions, institutional environments, and allegations of sexual and racial discrimination. The American Journal of Sociology, 113(5), 1394-1432.