AELE LAW LIBRARY OF CASE SUMMARIES:
Employment & Labor Law for Public Safety Agencies
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Workplace Violence
A private security
firm that employed unarmed guards was not liable under a failure to protect
theory, for the shooting deaths and injuries of employees at the guarded
facility. The guards were hired to prevent loss from fire, theft, sabotage,
vandalism, or horseplay, not to protect workers. Aidroos v. Vance Uniformed
Protection Services, #1-06-2009, 2008 Ill. App. Lexis 1063 (1st Dist.).
Arbitrator holds
that management did not have a unilateral right to issue a policy on workplace
violence that involved employee searches. Policies, rules, and regulations
that affect wages, hours and other terms and conditions of employment are
mandatory subjects of bargaining. City of Okmulgee. Okla. and FOP L-96,
124 LA (BNA) 423, FMCS Case #071120/51434-5 (Walker, 2007).
Federal appeals court holds that a death,
which was the result of an intentional shooting by a coworker while both
were on the job, is compensable under the state's Workers' Compensation
Act. Tanks v. Lockheed Martin, #05-60028, 417 F.3d 456, 2005 U.S. App.
Lexis 14539 (5th Cir. 2005). {N/R}
Federal appeals court holds than employees
who are seriously assaulted by a coworker because of their race or gender
can sue for a Title VII hostile work environment. Smith v. Sheahan, No.
98-2445, 189 F.3d 529, 1999 U.S. App. Lexis 20279, 80 FEP Cases (BNA) 1071
(7th Cir. 1999). [2000 FP 57-8]
California appeals court overturns an arbitrator's
award reinstating a municipal employee who threatened to kill a coworker
because it would violate a court restraining order. Employer's general
duty to provide workplace safety was not enough, standing alone, to overturn
the award. Palo Alto v. SEIU L-715, #H019017, 91 Cal.Rptr.2d 500, 1999
Cal. App. Lexis 1128 (6th Dist). [2000 FP 36]
Federal court dismisses a suit by an injured
IRS security guard who was assaulted by a fellow employee. Suits against
an employer for injuries inflicted by coworkers are barred. Kenna v. U.
S., 1996 U.S.Dist. Lexis 7583, 927 F.Supp. 62 (S.D.N.Y.). [1996 FP 142]
Federal court refuses to dismiss an ADA suit
brought by a civilian employee who suffers from a "chemical imbalance",
who had been terminated for the unauthorized possession of a firearm while
at work. Decision impedes and employer's efforts to prevent workplace violence.
Hindman v. GTE Data Services, #93-1046-CIV-T-17C, 1994 U.S.Dist. Lexis
9522 (M.D. Fla). [1995 FP 56-7]
Federal court upholds the termination of
a public employee with an "explosive personality disorder." Employer
was not required to accommodate his psychological disabilities. Mazzarella
v. U.S. Postal Service, 849 F.Supp. 89, 3 AD Cases (BNA) 239 (D.Mass. 1994).
[1994 FP 125]
Article: "Workplace violence: navigating
through the minefield of legal liability," 11 (2) The Labor Lawyer
(ABA) 171-187 (Summer 1995).
Book: Ticking bombs: Defusing violence in
the workplace by M. Mantell (Irwin).
Book: Deflecting workplace violence: a manager's
guide by A. Weide, Hureco Inc., 703/359-2470.
Book: Breaking point: The workplace violence
epidemic, by the Natl. Workplace Institute, 704/289-6061.
Book: Homicide in U.S. Workplaces, Govt.
Printing Office.
Website: Workplace violence statistics: www.asisonline.org/stat16.html