EMPLOYER LIABILITY FOR WORKPLACE VIOLENCE
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Thomas A Shumaker II, Allison L Feldstein. PM.
Public Management. Washington: Apr
2004.Vol. 86, Iss. 3; pg. 34, 2 pgs |
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Author(s): |
Thomas A Shumaker II, Allison L Feldstein |
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Document types: |
Feature |
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Section: |
FYI |
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Publication title: |
PM. Public Management. Washington: Apr
2004. Vol. 86, Iss.
3; pg. 34, 2 pgs |
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Source type: |
Periodical |
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ISSN/ISBN: |
00333611 |
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Text Word Count |
1005 |
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Abstract (Document Summary) |
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Shumaker and Feldstein discuss the liability of employers for
workplace violence. The risk of workplace violence raises several concerns
for employers, including the potential for liability, and workplace violence
lawsuits have resulted in millions of dollars in settlements and judgments.
To maintain a safe workplace and minimize liability, employers must take
steps to prevent workplace and violence and respond appropriately to it when
it occurs. |
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Full Text (1005 words) |
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Copyright International City Management Association Apr 2004 Two employees killed in a California supermarket. Three shot
in a Missouri heating-equipment plant. Five dead at a Mississippi
aircraft-parts factory. These are tragic examples of workplace violence at its
extreme. And they represent only a small fraction of instances of violence in
the workplace. While fatalities garner the greatest media attention, the 2
million nonfatal workplace violence incidents reported annually in the form
of assaults, robberies, thefts, hostage taking, hijackings, rapes, and sexual
attacks represent a larger problem for employers. The risk of workplace violence raises several concerns for
employers, including the potential for liability, and workplace violence
lawsuits have resulted in millions of dollars in settlements and judgments.
Beyond monetary costs, employers must contend with lower employee morale and
negative publicity. To maintain a sale workplace and minimize liability,
employers must take steps to prevent workplace violence and respond
appropriately to it when it occurs. Many employers assume that workers' compensation laws protect
them from lawsuits for all workplace assaults. Under many circumstances,
workers' compensation insurance will cover an employee's injuries sustained
during employment. Workers' compensation statutes, however, generally exclude
intentional acts. In Pennsylvania and many other states, whether workers'
compensation laws apply to injuries intentionally caused to an employee by a
third party depends on the facts of the case. An employee assaulted in the workplace may try to recover
damages lrom the employer on these two grounds: Vicarious liability. An employer may be liable for violence
committed by an employee as part of his or her job duties, as when a security
guard uses excessive force. Most courts, however, have refused to hold
employers vicariously liable for the violent acts of employees who injure
others because employers usually do not authorize employees to act violently. Negligence. An employee may claim that the employer was
negligent in hiring, supervising, or retaining the assailant, that is, that
the employer knew or should have known that the individual was unfit but
hired and kept the person on the job anyway. Employers can reduce the risk of violence in the workplace and
minimize their liability, should violence occur, by taking such measures as
verilying application information, doing thorough background checks, and
having more than one person present during an evaluation or termination
meeting. The important thing is to ask questions about prior violent
behavior. Even if an employer does not obtain usable information from
references or if the applicant lies, the fact that the employer asked the
questions helps protect it against liability. States differ in whether they allow employers to consider
conviction records in hiring decisions. In Pennsylvania, for example, an
employer may ask an applicant about his or her criminal record and may deny
employment to a convicted felon if the conviction is related to the job
duties. It does not permit employers to ask about misdemeanor or summary
offense convictions or to reject an applicant because of an arrest record or
a prior conviction that was pardoned, unless the conviction is related to the
job duties. Employers should consider other actions specifically aimed at
preventing and responding to workplace violence: to train supervisors to spot
a potentially violent employee; to improve physical security; and to develop,
communicate, and enforce a workplace violence policy. Training Studies have shown that violent workers usually don't just
snap. They come to a slow boil. A supervisor trained to recognize an employee
at the "simmer" stage can prevent violence and refer the employee
for counseling. Warning signs include: * Employee's comments about a personal or family history of
violence. * Fascination with guns or other weapons. * Direct or veiled threats, like "Someone will be
sorry." * Serious personal or family problems, such as divorce, a death
in the family financial troubles. * Drastic changes in behavior, such as, mood swings,
outbursts, insubordi- nation. * Deterioration in job performance. * Substance or alcohol abuse. * Being a loner. * Signs of paranoia about another employee. * Repressed anger. Physical Security Good premises security can help prevent violent acts and
enable an employer to respond quickly to those that do occur. Adequate
lighting eliminates dark corners where an assailant might lurk. Silent alarms
and cameras act as deterrents and enable the employer to monitor the
workplace and preempt threatening behavior. Limiting access to the premises through controlled entry
points and through a badging system helps protect employees from a
disgruntled former employee or an outsider with a grudge. Prominently posting
the company security office's telephone number enables bystanders to call for
help. And a first-aid kit in a conspicuous location may help save a life. Workplace Violence Policy In many respects, an employer's obligation to protect
employees against physical assault is not much different from its duly to
protect against harassment. In writing a workplace violence policy an
employer's anti-harassment policy is a good place to start for language on
reporting and investigation procedures. An effective workplace violence policy should explicitly
prohibit intimielation, threats, and violence and should bar weapons from the
workplace, even if employees are licensed to carry them. The policy should
remind employees that the employer has the right to search automobiles,
purses, desks, lockers, and all areas of the employer's premises. It should encourage the reporting of violent behavior or of
threats by employees, regardless of where they occur, and should state that
all reasonable efforts will be made to protect the confidentiality of the
person who makes the report. The policy should establish procedures for
investigating reported acts or threats of violence. It should stipulate that if the reported conduct was violent
or involved threats of serious injury, the suspect employee will be
immediately suspended, pending an investigation. An ounce of prevention is worth a pound of legal defense.
Employers who recognize the warning signs of potential violence, improve
security, and strictly enforce a workplace violence policy can minimize the
risk of liability and provide a safe environment for their employees.
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