Preventing Workplace Violence

There have been over 240 mass shootings nationwide in 2022 so far – more shootings than days of the year. Many of these shootings involve workplace violence. For instance, four of the victims in the recent Buffalo shooting were employees of the grocery store where the attack occurred, and two teachers were among the victims in the recent school shooting in Texas.

The rise in workplace violence, and violence in general, should prompt employers to consider what they can and should do to protect their employees, customers, and business. It is especially important to do so now, as more and more employers are requiring their employees to return to work in person following the pandemic.

First, make sure your employee handbook has a comprehensive anti-violence policy consistent with your state’s law. Such a policy should include banning weapons of any kind in the workplace, and, wherever possible, in related sites such as the parking lot or outdoor break areas. However, note that state laws impact the rules employers may impose. In Texas, people may carry a gun in most public places – even those who are not licensed to carry. The state imposes different rules for unlicensed carry and licensed carry near schools and colleges. Private businesses are generally permitted to choose whether to prohibit unlicensed carry, open carry by license holders, and/or concealed carry by license holders.

Employers also should consider implementing a pre-hire background check policy as part of their anti-violence initiatives. Employers might try to find out about the candidate’s work history, education, criminal record, financial history, medical history, or use of social media. Except for certain restrictions related to medical and genetic information, it is not unlawful to seek such information. However, in doing so, employers must comply with federal and state laws that prohibit discrimination, and ensure that the background check is properly conducted or the information obtained is not used in a manner that denies equal employment opportunity to anyone on a protected basis, by intent or by unlawful disparate impact.

In addition, when an employer conducts a background check through a company that is in the business of compiling background information, the employer must comply with the Fair Credit Reporting Act (FCRA). Employers should advise applicants that they must submit to a background check before commencing employment and then carefully review the results.

Employers should also ensure that their anti-violence policy includes information for employees on how to report concerns about other employees’ behavior in the workplace, including threats and acts of violence.

Additionally, depending on the size of the employer’s premises and the number of employees reporting to work in person each day, employers should consider implementing a badge security system so that employees must show and/or scan their ID each day to access the building. This could lessen the risk of a third party bringing weapons onto the employer’s premises.?

If an employer operates a business in which members of the public are allowed on the premises, they should post a “NO WEAPONS” sign on all entrances to the premises. While there is always a risk that a third party may still choose to enter the premises with a concealed weapon, posting such a sign could at the very least help limit an employer’s liability should a shooting or other safety incident occur.

Employees should be trained on how to respond to situations involving violence, including the locations of emergency exits on the premises, how to lead employees and invitees off the premises in emergency situations if possible, and how to report any suspicious behavior of employees and invitees. Consider implementing an annual active shooter training, which in some situations can be provided by your local police department. Employers should also consider investing in safety equipment such as security cameras, bulletproof windows, office doors that lock from the inside, and, depending on the size of the premises, potentially hiring security guards.

Employers should also consider other circumstances where an employee might engage in violence and do as much as possible to prevent it. If an employer plans to terminate a volatile employee, the employer should take extra precautions to protect others at the worksite.