In 2007, Mike Zegowski was hired at SPAR Market in New Mexico. At the time, Mike Zegowski was not a convicted felon, but had been previously convicted three times on misdemeanor charges for indecent exposure and was a registered sex offender.

At the time of his hiring, SPAR Market did not have a policy in place that required criminal background checks for employees. In September 2017, Mike Zegowski exposed himself to a 10 year-old girl while on the job in the SPAR Market store in which he worked. The girls mother sued SPAR Market claiming that they should have known of his status as a sex offender through a background check. Is SPAR Market liable?

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