Business Law: Discrimination and Letter of Recommendation

Introduction and the Duty of Candor

The instructor's primary responsibility is to ensure the safety of patients and the best interests of institutions providing patient care. Therefore, any policy pertaining to the decision to furnish requested recommendations — intended to bolster a student's candidacy for a job or for subsequent educational opportunities — must not misstate, obscure, or omit the truth about any situation or circumstance that would deprive other entities or institutions of the information necessary to accurately assess a candidate's suitability for employment in the nursing field. In that regard, the consequences of providing a letter of recommendation that does not include the circumstances of Ms. Hall's departure from the university include significant civil liability in the event that the omission allows her to secure a position through which she harms patients (Halbert & Ingulli, 2007).

Discrimination Claims and the Defamation Defense

In order for Ms. Hall to establish any type of discrimination claim, she would have to demonstrate that the instructor's decision was predicated on an impermissible basis such as race or gender. Likewise, because truth is an affirmative defense to any claim of defamation, the factual record establishing the actual circumstances of Ms. Hall's departure from the university would shield the instructor from any possible liability in connection with defaming Ms. Hall by publishing the truth in any letter of recommendation (Dershowitz, 2002).