Management Research News

Violence in the workplace

Lisa WhitmoreBrian H. Kleiner
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To cite this document:
Lisa WhitmoreBrian H. Kleiner, (1999),"Violence in the workplace", Management Research News, Vol. 22 Iss 8 pp. 12 - 17
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 Management Research News

Violence In The Workplace

by Lisa Whitmore and Brian H. Kleiner

Introduction

It has perhaps become an employer’s worst nightmare: to be victimised by a ran-

dom act of violence in the workplace. Nightly newscasts routinely feature reports
of senseless shootings on the job, made even more frightening by the notion that it
could happen anywhere at anytime and companies can be held liable for the dam-
aging effects.
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Violent acts cost employers too much to ignore. Because violence in the
workplace is on the rise, companies should take steps to prevent and prepare for
potentially violent events.

Violence in the Workplace

Fidel Gonzalez, Jr., an employee of the state of California, entered his super-
visor’s office, shot his boss and then himself. The note Gonzalez left behind said:
“I hope this will alleviate a lot of stress from my co-workers and set them free.”

Unfortunately, this headline is becoming all too common. A distraught em-

ployee (or former employee) enters the workplace with an automatic weapon,
waging war against the evils of society, shooting innocent co-workers, clients or
customers. (Strauss, p.32)

Numerous studies and reports show the amount of violence and conflict in
the workplace has dramatically increased in recent years. According to one study,
the rate of workplace homicide has tripled in the last decade.

Other acts of violence have also become more prevalent at work. More than a
third of the 479 Human Resources professionals who responded to a recent survey
conducted by the Society for Human Resources Management (SHRM), said their
organisations have experienced violent acts. Thirty-two percent of the respon-
dents said that one or more violent acts had occurred since 1989. Among those re-
porting more than one altercation, 54 percent saw between two and five violent
workplace incidents during the past five years. (Smith, p.6)

Broadly defined, workplace violence includes physical assault, threatening

behaviour and verbal abuse. Violence is more prevalent in some types of work
than others. For example, employment in corner stores and fast food outlets, secu-
rity services and perhaps banks, might be called intrinsically hazardous because of
the risk of armed robbery; these workplaces have some or all of the following
characteristics that increase the risk of violence:
* Exchanging money with the public.
* Working alone or in small numbers.
* Working late at night or during early morning hours.
* Working in high-crime areas.

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 Volume 22 Number 8 1999

* Guarding valuable property or possessions.

* Working in community settings (taxi-cab drivers, police, etc.)
But there have been increasing reports of violence in occupations that once
would have been considered quite safe, such as health care, social work, customs
inspection, mail delivery, even teaching. (Anonymous, p.8)

The causes of workplace violence are many. Among the factors that have
been identified are economic conditions, layoffs, stress over job security, authori-
tarian workplaces, drug and alcohol problems and the effects of domestic disputes
that flare up at work. Contributing factors include the easy availability of weapons
as well as the books, television shows, movies and songs glorifying violence.
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(Anonymous, p.8)

Regardless of where it occurs, by whom and why, violence is expensive for

employers. As an illustration, the National Safe Workplace Institute estimates that
workplace violence cost employers $4.2 billion in lost work and legal expenses in
1992. (Anonymous, p.8) These costs include:
* Increased security
* Building repair/cleanup
* Lost work time/productivity
* Turnover of employees
* Salary continuation and medical/psychological treatment for those who
are injured/traumatised
* Negative media publicity
* Increase in workers compensation claims, medical claims and insur-
ance premium rates
* Attorney’s fees.
Dilemma for Employers

In a recent Minnesota case, an employee of Honeywell was sent to prison for mur-
dering a co-worker. After his release, he was rehired by Honeywell but was trans-
ferred twice because of problems with co-workers. After threatening a third
worker, the company accepted his resignation. Eight days later he killed a co-
worker with a shotgun at her home. The appellate court held that Honeywell could
be sued for negligently hiring a co-worker with dangerous tendencies. (Patterson,
p.4)

As violent incidents in the workplace have increased, so has the potential li-
ability for employers. Some believe the problem of workplace violence can be
solved by carefully screening job applicants and developing profiles of persons
with a high propensity for violent behaviour. But employers exploring screening
proposals must be aware of liability issues. (DiLorenzo, p.55)

The effectiveness of screening techniques is limited because equal employ-

ment opportunity and privacy laws restrict an employer’s access to information

13
 Management Research News

about job applicants. Also, screening can only reveal past behaviour, it cannot ac-
curately predict future behaviour. As an alternative to screening, some employers
use profiles to identify potentially violent employees. The theory behind profiling
is that employers can spot potentially violent employees before they harm co-
workers.

Profiling programmes consist of two basic activities: 1) evaluating an em-

ployee’s mental stability or tendency toward violence, and 2) using that evalua-
tion to predict the employee’s future behaviour. Employers considering a
profiling programme should be aware of three practical and legal reasons for lim-
iting its use. (DiLorenzo, p.56)
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First, the violent worker’s profile is not out of the ordinary and may fit many
applicants: he is a white male, over 30 years old, with an average education, past
military service and without apparent grounding in religion or family. Second, the
profile of a person likely to commit murder differs from the profile of one who
stalks, rapes, or commits other crimes. Third, employers run the risk of violating
an employee’s civil rights if they take adverse actions based on a profile.
(DiLorenzo, p.56)

One likely source of civil rights liability is the Americans with Disabilities
Act (ADA). Employers with profiling programmes run the risk of acting on a pro-
file that, in essence, merely describes a mental impairment protected by the ADA.
An employee who fits a profile of persons with violent tendencies and is termi-
nated because the employer fears co-workers will be harmed, may file a lawsuit
against the employer for discrimination on the basis of disability and for failure to
make a reasonable accommodation. On the other hand, companies that hire or
continue to employ individuals may be subject to another form of legal liability.
(DiLorenzo, p.56)

Under the doctrine of negligent hiring or retention, employers can be liable

for hiring or retaining an employee who is unfit for duty. This type of claim can be
brought by any person who is injured by the unfit employee, whether a co-worker,
contractor, vendor, customer or other member of the public. To prevail in a lawsuit
for negligent hiring or retention, the plaintiff must show that 1) the employer was
negligent in his decision to hire/retain the employee; 2) the employer’s negligence
directly caused the plaintiff’s injury, and 3) the employer’s negligence caused ac-
tual harm, compensable by money damages. (DiLorenzo, p.57)

Negligent referral claims can arise when companies give “barebones” refer-
ences on former employees. Many employers, fearful of being sued for defama-
tion, give only minimal information and avoid any negative comments about
former employees. If the employee is hired by the second employer and then in-
jures a third party, the third party may sue both the current and former employee
for negligence. The elements are basically the same as those required for a negli-
gent hiring or retention case.

The theory behind these claims is that employers owe a duty of care to any
person the employer could reasonably expect to be harmed by an unfit employee.
Plaintiffs must show that the employer could reasonably expect them to be harmed
and failed to use reasonable care under the circumstances. Employers are usually
faulted for nonexistent or inadequate background investigations of applicants

14
 Volume 22 Number 8 1999

which, if properly performed, would have disclosed that the employee was unfit.
(DiLorenzo, p.57)

Workplace violence poses a dilemma: employers may be sued for taking ag-
gressive actions to prevent violence or for not taking sufficient precautions. Em-
ployers must balance their efforts to ensure a safe work environment with laws
protecting employee rights.

Preventing Workplace Violence

What can companies do to protect their employees and themselves against work-
place violence? An employer can take several measures to prevent workplace vio-
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lence, beginning at the hiring stage and continuing throughout employment to the
point of termination. The following are specific actions recommended to prevent
and prepare for violent incidents:

1. Implement security measures Security measures can range from a simple

locked door to a full time security guard. Companies should install security sys-
tems that adequately ensure employees safety.

The following actions can help to reduce workplace violence:

* Make high-risk areas known and visible to more people.
* Install good external lighting.
* Use drop safes to minimise cash on hand.
* Carry small amounts of cash and post signs stating that limited cash is
on hand.
* Install silent alarms and/or surveillance cameras.
* Provide training in conflict resolution and nonviolent response behav-
iour.
* Provide bullet-proof barriers or enclosures.
* Have policy/security routinely check on workers.
* Close establishments during high-risk hours - late at night or early in the
morning.
* Instruct employees to:

- report any unescorted visitors

- to establish and follow good opening and closing procedures.
- to use all security devices available, such as locks, lights and
alarms.
- to report any breach of security, such as a terminated employee
who continues to stalk the workplace. (Strauss, p.35)
2. Hire cautiously. An important step to prevent workplace violence is to mini-
mise the chance of hiring the violent worker. First, the employer should carefully
review the employment application, looking for any inconsistencies in the appli-
cant’s employment or educational background. Second, because there is a high

15
 Management Research News

likelihood that the violent worker has experienced some sort of problem at a previ-
ous employer, complete reference checks are critical. Besides providing a means
of monitoring risks and preventing violence, the background check may be evi-
dence of “reasonable care” in a lawsuit alleging negligence. All employment ap-
plications should include a waiver allowing the employer to examine a
candidate’s prior employment history.

A third option for screening applicants is the use of pre-employment psycho-

logical testing. Tests may prove helpful in identifying potential problem employ-
ees. However, it is important to select tests carefully; they must be considered
valid predictors of future behaviour.
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3. Establish a system to report and respond to threats and acts of violence. Warn-
ing signs often foreshadow violent events. Although it is difficult to list every
symptom that a potentially violent person may display, the following actions or
conditions have proven to be some of the best predictors of violent behaviour:
overt threats of violence or threatening actions; major changes in habit; expression
of unusual or bizarre thoughts; a fixation with weapons; a romantic obsession; se-
vere depression; and chemical dependence. (Smith, p.6)

All employees, and in particular supervisors and managers, should be in -

formed of these warning signs and instructed to immediately report any such be-
haviour to Security or Human Resources. Reporting should be mandatory and
easy to do; for large employers, a toll-free telephone number may provide the sim-
plest solution. By ensuring potentially dangerous behaviour is reported, an em-
ployer can better avoid liability for negligent retention of employees. (DiLorenzo,
p.58)

Another way to defuse potential violence is to ensure employees can get help
when they need it. Companies should provide and identify resources for employ-
ees to seek assistance with personal and/or work related problems. Human Re-
sources representatives should be well-trained in receiving and reacting to work
related complaints. Employee Assistance Programmes are also good resources for
troubled employees.

4. Practice good employee relations in conducting adverse employment actions.

Negative employment actions are often the precipitating force behind incidents of
workplace violence. There are several steps which an employer can take to reduce
the hostility resulting from a discharge/discipline:
a) Select a good time to conduct the meeting and treat the employee with
dignity and respect.
b) Conduct discipline/discharge meetings in a neutral, discrete place and
pair the employee’s supervisor with Human Resources representative.
c) Explain the reason(s) for the discipline or discharge to the employee in
non-personal, job-related terms.
d) Allow the employee to ask questions and express his/her feelings about
the employment action. If the discipline does not result in termination,
end the meeting with a positive statement such as “we are confident that
you can improve.”

16
 Volume 22 Number 8 1999

e) Any hostile or abnormally emotional reaction to the discipline or termi-

nation notice should be documented and immediately reported to a des-
ignated Human Resources or Security representative.
f) Focus the employee on future action; either improving work perform-
ance or seeking other employment. Offer assistance such as training op-
portunities or outplacement. Conduct exit interviews with terminated
employees. Give them the opportunity to express their feelings about
the company and describe any problem they may have encountered dur-
ing their employment. All company property should be collected from
the employee at that time as well.
Despite the liability that may accompany proactive measures, employers
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should not ignore the potential for workplace violence in the hope that “it will not
happen here.” Companies should ‘play it safe’ by taking prudent measures to pre-
vent violence from occurring and to ensure mechanisms are in place to respond ap-
propriately in case it does.

Conclusion

Violence in the workplace has continued to increase in recent years and, unfortu-
nately there is no reason to believe the trend will subside. This fact places employ-
ers in a difficult position. They must balance their obligations to ensure a safe
work environment with restrictions that limit their ability to weed out individuals
most likely to engage in violent behaviour. Companies need to be proactive with-
out being overreactive. Simple and common steps such as installing security sys-
tems, developing reporting procedures and using careful employment practices
are measures that can be effective determents to workplace violence.

17
 This article has been cited by:

1. Mohammad Ahmad Al‐OmariBased in the School of Management, Universiti Sains Malaysia, Penang, Malaysia Husna
JohariBased in the College of Business, Universiti Utara Malaysia, Sintok, Malaysia Ling Suan ChooBased in the School of
Management, Universiti Sains Malaysia, Penang, Malaysia. 2012. Workplace violence: a case in Malaysian higher education
institute. Business Strategy Series 13:6, 274-283. [Abstract] [Full Text] [PDF]
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