Victim files lawsuit for failing to conduct proper background check
criminal background check, failed to train and supervise the worker, and were negligent when they hired him. In a story which will, should the victim win, likely make the employer pay a substancial figure for their failure to perform proper background checks, perhaps the outcome will finally ensure employers and organizations do fulfill their duties to do these checks properly in the future. Luis P. Acosta, 34, of Rochester faces 15 years in prison after a jury last month found him guilty of first-degree attempted criminal sexual act. He was acquitted of first-degree rape, the top charge in the indictment. Acosta had been a property conservation inspector doing lead inspections for the city’s Neighborhood and Business Development section when he was accused of raping the woman in her home on Nov. 24, 2009. The allegation came to light when a co-worker heard of the event and told supervisors. The lawsuit brought by the victim said she has been “rendered sick, sore, lame and disabled and has sustained a loss of enjoyment of life and conscious pain and suffering.” No damages are listed in the lawsuit, filed recently by attorney Richard A. Plukas, of Rochester. Acosta faces up to 15 years in prison when he is sentenced by State Supreme Court Justice Francis A. Affronti on Jan. 25, in part because Acosta was previously convicted of several felonies, including criminal possession of a weapon. Those felonies were not discovered during a background check of Acosta, city officials have said. So while it seems a background check was in fact performed, such a check is rendered useless if not done properly. As we begin a new year I for one think that it’s about time employers stopped cutting corners to try to save money, and fulfilled their obligation to protect their customers and employers. Perhaps the financial outcome of this suit will lead for some to re-think their background screening process. For this city, the costs they saved will be minimal to what they may have to pay out.]]>
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