DECISIONPOINT
Continued from page 22 LEARNING AND KEY CONSIDERATIONS (continued)
Consider the following situation: a woman complains about a coworker‘s unwanted advances and her employer fails to investigate despite her mounting concern and complaints. Months pass by and the coworker‘s behavior escalates to a level that any reasonable person would find offensive. Then, one day the harassed employee brings a gun to work. The company
fires her for violating their weapons prohibition policy and no action is taken with respect to the harasser. This situation would unlikely result in the same outcome for the company. The harassment may have met the threshold for a hostile work environment and the company‘s response may be deemed inadequate. Now add to the fact pattern that in the last 12 months two men have been disciplined for bringing hunting knives to work, but not fired. Our hypothetical plaintiff‘s case becomes even stronger.
When one looks at the differences between our hypothetical and the facts of the case discussed, some key lessons for employers are highlighted. First, employers must have clear workplace policies addressing harassment and workplace violence. The policies should describe reporting and investigation responsibilities and clearly describe behavior that is unacceptable. Where those policies are not complied with, the party that failed to meet their responsibilities will have a more difficult time defending/arguing their position. Second, all complaints of harassment should be thoroughly investigated and the outcome documented. Finally, all complaints of harassment and workplace violence should be treated equally, regardless of the seniority of the complaining employee or their protected status such as sex. Not every violation of a company‘s workplace violence policy will result in termination--nor should it. Every situation should be investigated and the level of discipline should be consistent with other similar situations.
Gaff v. St. Mary’s Regional Medical Center, DecisionPoint case analysis contributed courtesy of Seyfarth Shaw LLP:
James L. Curtis
jcurtis@seyfarth.com 312.460.5815
Meagan Newman
mnewman@seyfarth.com 312.460.5968
ARTICLES FROM THE VAULT
Assessing the Risk of Workplace Violence to Your Business By W. Barry Nixon, SPHR
Over the last two decades, the Department of Labor and National Institute for Occupational Safety and Health (NIOSH) have provided insightful information on workplace violence fatalities and non-fatal incidents. While these statistical reports have provided essential details, in most cases businesses have not
been able to translate them into cogent plans to address this ever-present problem. This article will focus on helping those charged with the responsibility for addressing workplace violence to understand the potential business and financial impact of violence on their work environment.
The impact can be analyzed in four steps: 1. Assessing the risk to the business 2. Identifying the business and financial impact of workplace violence 3. Mitigation approaches to avoid or reduce the risk of incidents occurring 4. Dealing with the aftermath of an incident
This discussion addresses the first step. Read more
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