Dean Moore’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 is not to misstate, obscure, or omit the truth about any situation or circumstance that deprives other entities or institutions of the necessary information to accurately assess a candidates 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 NBSU include significant civil liability in the event that omission allows her to secure a position through which she harms patients (Halbert & Ingulli, 2007).
In order for Ms. Hall to establish any type of discrimination, she would have to demonstrate that Dean Moore’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 NBSU would shield her from any possible liability in connection with defaming Ms. Hall by publishing the truth in any letter of recommendation (Dershowitz,
In reality, Dean Moore’s refusal was not the result of any prejudicial or otherwise impermissible basis. Nevertheless, the dean’s strongest possible position would be to offer to write the requested letter but to inform Ms. Hall that any such letter would necessarily, as a matter of social responsibility and sound public policy, have to include a description of the circumstances of Ms. Hall’s departure from NBSU in conjunction with an objective and fair description of her actual academic performance and technical competence. Even if her refusal to provide any letter is justified, defending a discrimination lawsuit is expensive and potentially damaging to the institution. On the other hand, there is no such thing as a legal claim arising from someone’s refusal to lie and any suit brought by Ms. Hall based on the dean’s insistence on full disclosure would almost certainly be dismissed summarily without the cost and negative publicity of litigation.
Dershowitz, a. (2002). Shouting Fire: Civil Liberties in a Turbulent Age. New York:
Simon & Schuster.
Halbert, T, Ingulli, E. (2007). Law & Ethics in the Business Environment. Cincinnati,
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