Workplace Violence

News & Analysis as of

Employment Law Commentary - Volume 27, Issue 8, August 2015

The extent of an employer’s duty to provide reasonable accommodations to employees with mental impairments can be difficult to discern, especially in where an adverse action is taken in connection with conduct that is caused...more

Would You Drop to the Floor If Shooting Broke Out In Your Workplace?

With depressing regularity, we receive calls asking for guidance in evaluating and responding to potential workplace violence threats. The threats are rarely serious but in this era, one can never ignore concerns. There are...more

The On-Air Shootings At WDBJ-TV: When Bad Things Happen To Good Employees

What could WDBJ7-TV have done to prevent Wednesday morning’s tragic on-air murders? Unfortunately, probably not a thing. I’m a second-guesser, and I have spent much of the last 48 hours racking my brain about what the...more

Added Compliance Burdens: New York Nonprofits Have to Implement Workplace Violence Programs

In 2010, New York State enacted its New York Prudent Management of Institutional Funds Act (NYPMIFA); in 2012 Governor Cuomo promulgated Executive Order 38 capping excess compensation at nonprofits receiving government...more

5 Workplace Safety Tips to Protect Employees from Violent Co-Workers (While Complying with Employment Laws)

According to the Occupational Safety & Health Administration (OSHA), homicide is the fourth-leading cause of fatal occupational injuries in the United States. This article gives employers practical advice aimed at keeping the...more

Workplace Violence – Putting Employers on the Horns of a Dilemma

Employers today can find themselves in a seemingly untenable dilemma when they have violence threaten to invade their workplaces. Two recent cases illustrate the competing liabilities that employers face in their...more

The Ninth Circuit Joins Its Sister Circuits in Ruling That an Employee Who Threatens Co-Workers with Violence Is Not “Qualified”...

The Ninth Circuit released a precedent-setting Americans with Disabilities Act (“ADA”) decision yesterday, and it’s a big win for employers.  The Court held that an employee who makes “serious and credible threats of violence...more

Condo Association Sued for Sexual Harassment National Origin Discrimination and Retaliation

Management Company Also Sued; Vulnerable Workers Subjected to Abuse, Including Attempted Rape, and Retaliation for Complaining, EEOC Charged - DENVER - Vail Run Community Resort Association, Inc., a condominium complex...more

Recent Decision Explores Issues of Mental Disability and Violence in the Workplace

A federal district court recently grappled with whether an employer’s termination of an employee for engaging in violent behavior was lawful, where the employee’s behavior was related to an underlying mental impairment. ...more

OSHA Targets Workplace Violence

For decades, acts of workplace violence were viewed as being limited to altercations between employees and "active shooter" situations involving a disgruntled employee or former employee. Generally speaking, those incidents...more

Employment Law in Colombia: Part III

This article is the third in a series which provides an overview of the basics of employment law in Colombia and will focus on laws governing employment terminations, including just cause reasons for terminating the...more

OSHA Concentrates its Health Care Facility Inspections on Key Areas, but Specific Requirements Remain Elusive

On June 25, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) issued a press release outlining its focus areas for health care facility inspections. Musculoskeletal disorders (MSDs),...more

Judge Affirms OSHA Citation in Death of Healthcare Worker Killed by Mentally Ill Client

An Occupational Safety and Health Review Commission Administrative Law Judge has determined that a healthcare provider company did not protect a social service coordinator, who was fatally stabbed outside her client’s home in...more

Healthcare Employers to Get Even More Attention from OSHA

OSHA has released an “Inspection Guidance for Inpatient Healthcare Settings,” that will focus its inspectors attention to musculoskeletal disorders, workplace violence, bloodborne pathogens, tuberculosis, and slips, trips,...more

New OSHA Inpatient Facility Review Guidance Focuses on Five Workplace Hazards

On June 25, 2015, the Occupational Safety & Health Administration (OSHA) issued a memorandum regarding inpatient health care settings. The memorandum does not create new law. Rather, it provides guidance to OSHA compliance...more

New OSHA Guidelines Underscore Workplace Violence Risks Faced by Healthcare and Social Service Workers

Workers in the healthcare and social service fields face a significant risk of job-related violence. In fact, according to the Occupational Safety and Health Administration (OSHA), while the number of days away from work due...more

36-year employee properly dismissed for “unprovoked momentary outburst” with knife

A 57 year old employee with 36 years of service was properly fired for one incident in which he cut another employee with a knife, a labour arbitrator has decided. The employee was a custodian with a textiles company.  He...more

No punches thrown, but employee properly dismissed for yelling, swearing and abusive conduct

An employee need not physically assault a co-worker in order to be dismissed for workplace violence, an arbitrator’s decision shows. The employer had 8 “Golden Rules” of workplace health, safety and environmental...more

Jury Awards Families of Murdered Employees Over $8 Million

Recently, a Philadelphia jury awarded over $8 million dollars to the families of two factory workers killed by a co-worker in 2010. Concerns about the employee had been reported in the past, and she was suspended the day she...more

This ‘n’ that from the world of the workplace

Religious accommodation, the Oscars, non-competes, social media, Brian Williams versus Bill O’Reilly, workplace violence, and inspirational employees — we have it all today! Here are some links about recent news and court...more

Institutions of Higher Education Rank High in the FBI’s Study of Active Shooter Incidents

At the end of 2014, the FBI issued its Study of Active Shooter Incidents in the United States between 2000-2013 (“Study”). This first of its kind study found 160 active shooter incidents in the United States during this time...more

Run over by shoplifter in parking lot, retail employee may sue employer and supervisor despite having WSIB coverage

A retail employee who helped pursue a shoplifter, in violation of the employer’s workplace violence policy, was not entitled to WSIB benefits and could sue the employer and a supervisor in the courts for her injury....more

FBI Report on Active Shooters Underscores Importance of Employer Readiness

Whenever a mass shooting occurs, it triggers the question: What went wrong? Could the incident have been prevented, or at least, could it have had a less tragic outcome? While we never want to blame victims of attacks, it is...more

Workplace Violence: Keeping Employees Safe

Cartoonists shot at work in Paris. Teachers killed while trying to protect their students in Newtown, Connecticut. A CEO shot in the head and stomach by a recently demoted employee in Illinois. News reports are filled with...more

False assault allegation against supervisor was just cause for dismissal: video evidence was conclusive

An employee who filed a written complaint, falsely alleging that his supervisor deliberately ran into him with a sharp blow from his shoulder, was dismissed for cause, an arbitrator has held. Unfortunately for the employee,...more

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