violence

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The Equal Employment Opportunity Commission (EEOC) recently issued a “Questions and Answers” sheet emphasizing that although Title VII and the Americans with Disabilities Act (ADA) do not expressly prohibit employers from discriminating against the victims of domestic violence, sexual assault, or stalking, these laws may create liability for employers in certain circumstances.

The document provides a number of illustrative examples of these potential pitfalls facing employers.
Continue Reading EEOC Issues Guidance on Potential Application of Title VII and ADA to Employees Who Have Experienced Domestic Violence, Sexual Assault, or Stalking

Homicide has consistently been one of the top four causes of work-related fatalities over the past decade, with an average of 590 incidents per year. Shockingly, in 2009, homicide was the leading cause of work-related death for women. The Occupational Safety and Health Administration has addressed the hazard of workplace violence from time to time over the past fifteen years in various ways, including publication of specific guidelines for high-risk industries such as late-night retail, health care and social services. However, until now, there was no systematic approach to addressing this serious hazard.

The new OSHA Instruction regarding workplace violence does not change the law pertaining to workplace violence; however, it provides OSHA inspectors with a framework for analyzing this hazard in the workplace and for issuing citations under the general duty clause. Employers in industries with an inherent risk of violence, particularly those who employ workers that are exposed to the “known risk factors,” are well advised to study the OSHA Instruction and implement appropriate abatement measures.
Continue Reading OSHA Publishes Game Plan for Workplace Violence-Related Inspections

On June 26, 2008, the United States Supreme Court issued a landmark decision confirming that the Second Amendment of the United States Constitution protects an individual’s right to keep and bear firearms. In District of Columbia v. Heller, the Supreme Court interpreted the language of the Second Amendment for the first time in nearly 70…