Warning Signs of a Violent Employee

April 13, 2006

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In many cases, there are early warning signs of a potentially violent employee that are not communicated to the people who could take action or that are not taken as seriously as they should be. Generally speaking, employee behaviors that may be warnings include:

depressed behavior
paranoid behavior
recent acquisition of a weapon
talking about or posting a clipping of a violent incident in another workplace

Practices that occur in the workplace that are believed to lead to higher incidents of violence include:

poor grievance procedures
poor employer-employee relations
harassment, threats, and intimidation
high levels of stress

One of the perceived barriers in screening out individuals who may be violent in the workplace is the protection guaranteed by the ADA. The following illustration shows how an employer can hire intelligently while not violating the ADA.

Jane Smith applies for a position with the ABC Company. Her interview goes well and she appears qualified, but near the end of her interview Jane discloses that she has a mental illness known as paranoid schizophrenia. The condition, Jane says, is reasonably controllable with medication. Can ABC Company refuse to consider Jane on the basis of her condition and its potential impact on the safety of other workers?

Yes

A medical exam can be conducted after an offer of employment, if it is required of all applicants. An alternative would be to send a letter to Jane's doctor outlining the essential job functions and asking the doctor if she can perform them without a significant risk of injury to herself or others and what can be done to reduce any risk. The employer should be able to inquire into her history of taking medication. This action documents that the employer desired to accommodate Jane and that it did not act in a negligent manner.

Suppose Jane was hired and has a mediocre work history. She's been in arguments with coworkers and supervisors and her attitude has been described as "belligerent." She's been disciplined for poor work performance. She has been granted leave twice while confined to institutions of psychiatric care. A third hospitalization resulted after Jane attempted to enter the governor's office with a concealed weapon. When released as stabilized, Jane seeks to return to her position. What can the employer do now?

The employer has a basis for its own doctor's exam to get medical evidence of whether or not Jane is a threat. Documentation of reasonable accommodation efforts is necessary — a last-chance agreement may be considered. If independent medical support is forthcoming confirming that Jane cannot perform the essential job functions, then the employer may terminate, assuming this is consistent with its policies. Nothing will guarantee that Jane will not file a lawsuit; however, the employer has a strong defense consistent with the law.