Workplace Violence: a Sample Policy for Law Firms

• Publication year: 2000
• Pages: 13
• Citation: Vol. 29 No. 11 Pg. 13

29 Colo.Law. 13 Colorado Lawyer 2000.

2000, November, Pg. 13. Workplace Violence: A Sample Policy for Law Firms

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13

Vol. 29, No. 11, Pg. 13

The Colorado Lawyer
November 2000
Vol. 29, No. 11 [Page 13]

Features

Workplace Violence: A Sample Policy for Law Firms
by Mary M. Phillips

Colorado Bar Association ("CBA") President Dale Harris recently stated

All attorneys should be concerned about violence in the workplace. Law offices are not exempt from this unfortunate problem. Violence in the office can take many forms, which include: employee against employee; client or opposing party against an attorney; and domestic violence that spills into the office. Beyond the human cost, employers may be liable for their actions, or their failure to act, to avert impending violence in the workplace

In 1996, under the leadership of then-CBA President Miles Cortez, the Board of Governors established a Family Violence Initiative. Current CBA President Dale Harris, until recently, chaired the CBA Family Violence Program Steering Committee. It is now chaired by Mary Phillips. The materials printed below have been developed as part of this Program The policy and other materials are the work product of the Committee, primarily written by Mary Rogacki, a former CBA intern, and Tina Harkness, of the Mountain States Employers Council.

The purpose of the Program is to encourage attorneys and law firms to think through this serious issue. Attorneys and firms also are asked to take all appropriate steps necessary to maximize a safe workplace and to inform all partners and staff of whatever workplace violence policies and safety procedures are established.

Attorneys who have questions about any of the material printed below,* or need additional assistance, should contact Kathleen Schoen, Director of the CBA Family Violence Program: (303) 824-5305. These materials, as well as a list of resources not included here, are available on the CBA website: www.cobar.org.

*The information provided herein is general in nature and designed to serve as a guide to understanding. These materials are not to be construed as the rendering of legal or management advice. If the reader has a specific need or problem, the services of a competent professional should be sought to address the particular situation.

WORKPLACE VIOLENCE

In an environment where you think people are satisfied with
their jobs, there is a sort of undercurrent of anger and
resentment aimed at the workplace that could potentially
lead to the kinds of explosions of rage we have seen.
—Donald Gibson, Yale University
School of Management1

For many people, the thought of workplace violence conjures images of an armed, disgruntled employee or client who walks into an office shooting co-workers and supervisors. For instance, the media focused on, and many Americans heard, the story of a deranged day-trader in Atlanta, Georgia, who killed his wife and children and then walked into his workplace and randomly shot other innocent people. Of course, this is workplace violence, but it also comes in many other forms.

Types of Workplace Violence

There are as many types of workplace and family violence as there are perpetrators who commit such acts. Listed below are some of the more common acts of violence:

Displays of aggression

Sabotage

Harassment of any kind

Aggravated assault

Verbal abuse

Armed robbery

Sexual assault

Stalking

Indecent exposure

Domestic violence

Obscene communication

Retaliatory violence

Terrorism and hate crimes

Suicide

Arson and bombing

Threats of any kind

Leading Causes of Workplace Violence

Some external causes of violence can be prevented. For those causes that cannot be prevented, recognize them as a source for stress, especially for those prone to violence. When many of the following factors exist, care should be taken to provide employees with counseling or other organizational programs.2 People who commit violence are usually triggered by an incident. Management cannot know what factor will "be the last straw."

Organizational Factors

Change

Job overload

No employee counseling

No response to violent incidents

Reorganization

Poor communication

Labor disputes

Understaffing

Poor management styles

Inadequate security

Poor hiring practices

Cultural Factors

Economic downturn

Availability of weapons

Breakdown of family and community...