Responsibility of an Employer to Act Upon Threats From or By an Employee

Connie N. Bertram, Co-Chair of the Government Contractor Compliance Group, was quoted in an article in the Washington Post discussing the Navy Yard shootings. Ms. Bertram reminded contractors of the obligation to notify the government of threatening and violent conduct by employees with security clearances. She also emphasized that contractors have an independent right under the Americans with Disabilities Act to require employees to complete an independent psychiatric exam if they present a direct threat to themselves or others. She noted that this notification obligation applies even when the contractor is terminating an employee so that the risk does not become “someone else’s problem.”

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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