How to Lawfully Prevent Workplace Violence

Employment Law360

The article focused on steps employers can take to address and prevent violence in the workplace, while remaining within the boundaries of the law. It examined an employer’s legal responsibility under the Occupational Safety and Health Administration and common law principles to provide a safe workplace for its employees. The article also discussed how employers can balance a potentially violent employee’s rights under the Americans with Disabilities Act and state disability statues, if it is revealed the he or she suffers from a mental illness. Courts have long held that a disabled employee may be terminated for misconduct, even if that misconduct was caused by a disability.